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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