judges in their own causes. The said Regulations are also being attacked
for imposing criminal penalties without room of appeal.
In the respondents’ joint statement in reply, all the grounds
advanced by the applicants in their statement are denied.
On ground No. 1, learned senior state attorney for the respondents
contended that the 1st respondent in promulgating the said Regulations
acted intra vires and in accordance with principle of legality and natural
justice. It is further contended on part of the respondents that
Regulation 4 was made to elaborate the regulatory powers of the 2nd
respondent in respect of section 4 of the EPOCA and the 2nd Schedule
to the EPOCA. As regards regulation 5 (d), (e), (f) and (g) and regulations
6, 7, 8, 9, 10 and 14 of the Regulations, learned senior state attorney
told this court that the regulations are aimed at elaborating the function
of the 2nd respondent as provided for in the 2nd Schedule to the EPOCA
and that the regulations were therefore, enacted to give effect to the
provisions of the parent Act.
On ground No. 2, it is was averred on part of the respondents that
regulations 16 and 17 of the Regulations in question are in accordance
with paragraph 18 of the 2nd Schedule to the EPOCA.
As regards ground No. 3, learned senior state attorney argued that
regulations 5 (1) (e) and 9 (d) elaborate the functions of the 2nd
respondent in relation to the regulation of online content providers and
8
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