LEGAL TUSSLE: ONLINE PUBLISHERS ASSOCIATION OF NIGERIA (OPAN) SLUGS IT OUT WITH FEDERAL GOVERNMENT OF NIGERIA IN COURT OVER CYBERCRIMES ACT

In Online Publishers Association of Nigeria [OPAN]) versus Federal Government of Nigeria over the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015.
Re: SUIT NO. FHCLCS12302018 OPAN V ATTORNEY GENERAL OF THE FEDERATION

This case came up on 23 November 2018 for Mention. The Office of the Attorney General of the Federation was represented by two Counsels.

They informed the Court that they would file a Counter-Affidavit to OPAN Originating Summons next week.

In view of this, the Court was inclined to adjourn for hearing.

Thus, OPAN moved the application to rely on Written Addresses in support of OPAN case and it was granted.

OPAN will proceed with their Written Address upon receipt of the Counter-Affidavit from the AGF’s office.

The case was adjourned to 13th February, 2018 for hearing.

OPAN contends that:
1. Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015 is NOT reasonably justifiable in a Democratic Society under Sections 39(3) and 45(1) of the Constitution of the Federal Republic of Nigeria 1999.

2. Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015 is NOT constitutional and valid by virtue of Sections 1(3) and 39(1) of the Constitution of the Federal Republic of Nigeria 1999.

Recall that the matter came up on 17th October 2018, before the Honourable Justice Aikawa.

The Court had granted a Motion Ex Parte seeking leave to serve the Originating Summons on the Hon. Attorney General of the Federation in the FCT, Abuja.

The AGF having been served, the suit was thereafter adjourned to 23rd November, 2018 for mention.

The next hearing is listed for 13 February 2019.

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