the subsidiary legislation it becomes void for procedural ultra vires and
where the subsidiary legislation infringes the substance of the parent
Act, it becomes void for substantive ultra vires
The applicants base their application on the exercise powers of the
1st
respondent
in
promulgating
the
Electronic
and
Postal
Communications (Online Content) Regulations, 2018 in excess, illegally,
against the principles of natural justice, unreasonably, arbitrarily and
ambiguous. The impugned Regulations were made by the Minister
pursuant to the provisions of section 103 (1) of the Electronic and Postal
Communications Act [Cap. 306 R.E.2002] which state:
“ 103.(1) The Minister may make regulations upon recommendation of
the Committee on content related matters.
(2)
In
exercising
its
powers,
the
Authority
acting
upon
recommendation of the Content Committee may make rules on
content related matters”
It is submitted for the applicant on ground No. 1 that as per section
103(1) of EPOCA, the power of the Minister for Information, Culture,
Arts and Sports in this context is limited to content related matters only
but that the Minister went far beyond by making regulations touching
on regulatory issues which are not matters under his mandate. To
buttress this point, learned counsel referred this court to the definition
of the word “content” by EPOCA to mean “in fo rm a tio n in th e fo r m o f
14
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