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Thursday, October 29, 2015
AYAH Paul ABINE Spits Fire Says "Media Suspensions By NCC are Unlawful"
SUSPENSIONS BY NATIONAL COMMUNICATION COUNCIL ARE INCONSISTENT WITH THE LAW
The
press in Cameroun is regulated by the 1990 law on social communication.
Section 17 (1) (new) of the
law provides, inter alia, that, where the conduct of a news media is contrary to public order and good morals, the minister in charge of territorial administration may suspend the said media. I have not been privileged to find any other provision of that law providing that some other body has concurrent jurisdiction with the minister in question.
law provides, inter alia, that, where the conduct of a news media is contrary to public order and good morals, the minister in charge of territorial administration may suspend the said media. I have not been privileged to find any other provision of that law providing that some other body has concurrent jurisdiction with the minister in question.
The
last but two sections of the law, (Section 88), did create a national
communication council, specifying that the organization and functioning
of the said council would be laid down by an executive order. A decree
subsequently issued, defining the jurisdiction of the National
Communication Council.
Without
any necessity to go into the substance of the decree, it should be
pointed out that, in the hierarchy of laws, a law in the technical sense
takes precedence over an executive order. In the event of conflict
between the two, the law of course prevails. One may be bold enough to
say, without any fear of contradiction whatsoever, that that is the
incontrovertible position of the law.
It
stands to reason, ipso facto, that the jurisdiction of the National
Communication Council as spelt out by a decree crumbles in the face of
the unambiguous legal provision granting to the minister in charge of
territorial administration exclusive jurisdiction over the suspension of
news media. The council would have had concurrent jurisdiction with the
minister, ratione materiae, only and only if another law had granted
the National Communication Council jurisdiction to suspend news media… A
decree taken in the furtherance of a law may only hopelessly purport to
fly on the same plane with the law; or dastardly venture to contradict
it.
As
it is, the suspension of Afrique Media, as of other news media before
it, was inconsistent with the law in force; and is, therefore, illegal,
if need there is to emphasize in superfluity. Any member of the National
Communication Council snarling and/or smarting from the urge of
vendetta may simply be ignoramus.
By AYAH Paul Abine,
Supreme Court of Cameroon.
When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)
Meet the Eight Contenders Vying to Succeed Sepp Blatter
A total of eight hopefuls have emerged in the running to fill the shoes of former FIFA President Sepp Blatter
Eight candidates are set to run the position of FIFA president in
February, 2016 when the election of the world football governing body
will be conducted.
The contenders include: Michel Platini, Prince Ali bin al-Hussein,
David Nakhid, Gianni Infantino, Tokyo Sexwale, Jerome Champagne, Sheikh
Salman bin Ebrahim Al Khalifa and Musa Bility.
When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)
Nigerian Army Release Images of Wanted Boko Haram Members
SOURCE: tori.ng
In a
move aimed at defeating the insurgents, the Nigerian Army has released
photo collage to help the general public identify Boko Haram insurgents.
Chief of Army Staff, Lt Gen. Tukur Buratai Displaying the Photo
|
Determined to beat the deadline given by President Muhammadu
Buahri, the Nigerian Army, has brought out new strategy to help it meet
the december deadline by releasing images of some of the most wanted
Boko Haram suspects.
Chief of Army Staff, Lt Gen. Tukur Buratai called on the general
public to give the army any useful information that will aid in the
capture and defeat of the insurgents, saying the photos released will
help the public identify the insurgents easily.
When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)
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