this
issue
was
pleaded
by using other terminologies
as I will
demonstrate in my ruling. Clearly, the issue of proportionality was not
pleaded in the statement nor was it stated in the chamber summons but
merely set out from the bar in the written statement submissions, I will
decline to consider it as parties are bound by their pleadings.
In the alternative, learned senior state attorney gave a strange but
an interesting submission bear repeating:
“In the alternative, we submit that the application and submission
by the Applicants looked at as a whole, it only connotes and invites
the Honourable Court to declare the impugned Regulations
without proposing a recourse to what will happen after the same
Regulations are voided, which to us will bring about a lawless state
in as so far as the Online Content Regulations are concerned. In
other words, the Applicants are seeking the Court to void the
Regulations which will result in the proliferation of unregulated
freedom on the part of online content users. It is our humble
submission, therefore, that if the impugned Regulations are voided
this will amount to inviting danger to the society if we are to leave
the main source of information in the current world of science and
technology unregulated.”
With unfeigned respect to learned senior state attorney, this
argument holds no water, his is but a misconception of what judicial
review entails. Injudicial review the power of the High Court is limited
12
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