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ADVERTISING PRACTITIONERS COUNCIL OF NIGERIA (APCON) v. THE REGISTERED TRUSTEES OF INTERNATIONAL COVENANT MINISTERIAL COUNCIL (ICMC) & ORS

(2010) JELR 49385 (CA)

Court of Appeal  •  CA/A/93/2006  •  30 Jun 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

MARY U. PETER-ODILI, JCA (DELIVERING THE LEADING JUDGMENT) This is an appeal by the defendant/Applicant against the judgment of A.I. CHIKERE J, sitting at the Federal High Court holden at Abuja. The plaintiffs/respondents had filed an Originating Summons dated 6th January, 2005 consequent upon a letter from the appellant requesting the respondents to submit their religious advertisements for vetting to avoid abuse. This request Plaintiffs/Respondents contested the power of the Appellant thereof in the originating summons. That it constitutes an infraction of their Constitutional rights vide Sections 10, 28, 39, 40 42 of the 1999 Constitution.

In its judgment, the lower court upheld the contentions of the plaintiffs/respondents on the ground that the Advertising Practitioners Registration Act, Cap. 7, Laws of the Federation of Nigeria 1990 as amended by Decree No. 93 of 1992 imposed limitations on the right to freedom of worship as guaranteed under Section 38 of the 1999 Constitution, h…

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