Seven, conditions for registration are very stringent and arbitrary
to the extent that most on line content service providers would not afford
hence impeding them the right to access to information and freedom of
expression. Such conditions were mentioned to include registration fees,
type and number of members of staff, documentations, requirement of
time and resources. It was suggested that a transition period of at least
one year or so would suffice.
Lastly, it is the applicants’ complaint that the regulations
contravene the rules of natural justice because they do not provide for
the procedure to be followed before imposing sanctions.
In the supporting affidavits of the Principal Officers of the
respective organizations, it is averred that the 1st respondent has
regulated among other things some matters which are not in his
portfolio, imposing criminal sanctions to those in breach of the
regulations without adhering to the rules of natural justice. Further,
that he has acted ultra vires as his powers are limited to content and
not licensing, surveillance, radio and television broadcasting. It is
further contended that the Regulations are illegal as they interfere with
personal privacy by instructing internet cafes to install surveillance
cameras. Furthermore, it complained that the Regulations contravene
rules of natural justice by not providing for the procedure to be followed
before imposing sanctions and without affording and opportunity of
being heard and also by giving authorities powers to be prosecutors and
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