10
FAO No. 42 of 2016.
services of a licensee is explicitly provided under sub section
(3) of section 54 ibid. There is no other provision in the Act of
1996 which vests the power or jurisdiction in either the
Authority or the Federal Government to suspend or cause
suspension of operations, functions or services of a licensee
on the ground of “National Security”. The legislature, by using
clear and unambiguous language, has confined the power and
jurisdiction
of
the
Federal
Government
to
issue
policy
directives by using the expression "not inconsistent with the
provisions of the Act' in sub sections (1) and (2A) of section 8
of the Act of 1996. The Federal Government, therefore,
cannot issue any policy directive on matters relating to
telecommunication policy referred to in sub section (2) of
section 8 which would be inconsistent with
the other
provisions. The power under section 8 is neither independent
nor exclusive, rather the language used by the legislature
makes it obvious that it has been made subject to the other
provisions of the Act of 1996. Sub section (1) of section 8 has
an overriding effect over sub section (2) and, therefore, the
latter provision cannot be read in isolation. Clause (c) of sub
section (2) of section 8 is, therefore, to be read with sub
section (1) ibid. A plain reading of the Policy Directive and
SOP unambiguously shows that they are inconsistent with sub
section (3) of section 54 of the Act of 1996. As already noted
above, the only eventuality contemplated under the Act of
1996 to cause the suspension of operation of a licensee is
when the President has proclaimed an Emergency in the