8. Defendant filed a notice of preliminary objection dated 15th May, 2015
challenging the jurisdiction of the Court to entertain the suit and argued that the
issues raised are non-justiciable under the Nigerian Constitution of 1999(As
Amended) and do not fall within the Jurisdiction of this Court because , they are
part of the Directive Principles of State policy.
9. Defendant insist they are performing their oversight function as the National
Broadcasting Commission in accordance with the laws of Nigeria and that there was
no violation of Human Rights of the Plaintiffs, contend that no cause of action arose
for the Plaintiff, and that the suit is frivolous and should be dismissed.
10. In response to the motion of preliminary objection, the Plaintiffs argued that
the subject matter of the suit is premised on allegation of Human Rights violation
which is within the jurisdiction of the Court.
11. On the Cause of action, the Plaintiffs submitted that the letter from the
Defendant raises a cause of action as it seeks to violate fundamental Human Rights
to freedom of speech.
SUMMARY OF CASE HISTORY:
12. The case was commenced by the Plaintiffs with an initiating application of 18th
March, 2015 with three supporting annexure and served on the 7th April, 2015.
13. Notice of preliminary objection dated 14th May 2015 lodged by the Defendant
and served the following day 15th May, 2015.
14. Plaintiffs’ statement in reply to the Defendant’s notice of preliminary objection
was lodged and served on the 11th June 2016.
15. On the 4th October, 2016, parties were in court, and the lead counsel for
plaintiffs reported that he was bereaved and adjournment granted for 7th
November, 2016.
16. On 7th November, 2016, both parties were in court, Defendant counsel asked
for adjournment to enable the lead counsel appear, case adjourned till 7th
December, 2016.
17. On December 7th, 2016, Defendant was not represented. Court adjourned on
the condition that if Defendant did not appear on the next date, hearing will
continue on 24th January 2017.
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