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
Authority
vests
or
Suspension
the
the
power
Federal
or
jurisdiction
Government
of operations,
functions
to
in
either
suspend
or services
or
the
cause
of a licensee
on the ground of “National Security”. The legislature, by using
clear and unambiguous
jurisdiction
directives
of
the
by using
language,
Federal
has confined the power and
Government
the expression
to
issue
"not inconsistent
policy
with
the
provisions of the Act’ in sub sections (1) and (2A) of section 8
of
the
cannot
Act
of
issue
1996.
The
Federal
any
policy
directive
telecommunication
policy
referred
section
would
be
8
which
Government,
on
matters
to
in
sub
inconsistent
therefore,
relating
section
with
to
(2)
the
of
other
provisions. The
power
under section 8 is neither independent
nor
rather
the
exclusive,
makes
it obvious
language
that it has
been
used
made
by
the
legislature
subject to the other
provisions of the Act of 1996. Sub section (1) of section 8 has
an overriding
effect over sub
latter provision
cannot
section
(2)
of section
section
(1)
ibid.
A
section
be read
8
plain
(2) and,
in isolation.
is, therefore,
reading
Clause
to
of the
therefore,
be
(c) of sub
read
Policy
the
with
sub
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
1996
to cause
when
the
eventuality
the
President
contemplated
suspension
has
under
of operation
proclaimed
an
the
Act
of
of a licensee
is
Emergency
in
the