NPAN in Appeal Court over APCON’s Advertising Code

Newspapers Proprietors Association of Nigeria, NPAN, has urged the Court of Appeal sitting in Lagos to restrain the Advertising Practitioners Council of Nigeria, APCON, from implementing the advertising code, which empowers it to vet and approve adverts before publication by print media in the country.


Joined as co-respondent in the motion on notice by NPAN against the ruling of a Federal High Court was the Inspector-General of Police.

The Motion on Notice is brought pursuant to Order 4 Rules 10 & 11 and Order 7 Rule 4 of the Court of Appeal Rules, 2011, filed by NPAN’s counsel, Mr. Tayo Oyetibo (SAN).

NPAN is praying the court to restrain the respondents, whether by themselves, privy or servants “from continuing to rely on Article 21 of the Nigerian Code of Advertising Practice and Sales Promotion or any other related enactment to threaten, coerce, solicit, persuade or interfere with the rights of members of the applicant to publish advertisements, pending the hearing and determination of the appeal.”

It also urged the court to restrain the respondents from continuing to rely on Article 21 of the said code and any other related enactment “to insist or otherwise compel the applicant’s members to submit their advertisements for vetting and approval by the 1st respondent (APCON) pending the hearing and determination of this appeal against the decision of the Federal High Court delivered in suit No. FHC/L/CS/1067/12, in which the constitutionality of the article formed the subject matter.”

Grounds of appeal
The appellant hinged its motion on the grounds that the constitutionality of Article 21 of the Nigerian Code of Advertising Practice and Sales Promotion is the res (subject matter) at the lower court against which they were appealing and that implementing the offending law will foist a fait accompli on the decision of the appellate court.

It also argued that permitting APCON to implement the law will tamper with the res of the appeal as well as denying the court to be “the master of proceedings in this appeal.”

In its 23-paragraph affidavit in support of the motion, the 24-members body averred that “the subject matter of the suit in respect of which this appeal lies is inter-alia the constitutionality of Article 21 of the Nigeria Code of Advertising Practice, Sales and Promotion because Article 21 ultra vires the 1st Respondent (APCON).”

It stated further that the suit sought to determine whether Articles 21 and 137 of the Code are not inconsistent with the provisions of Section 39 of the Constitution of the Federal Republic of Nigeria, 1999.

APCON wrote Leadership, clients
It argued that despite the pendency of the appeal, APCON acting on the said law wrote a letter to the Leadership Newspaper, directing the appellant to “comply with the provisions of the said Articles 21 of the Code,” which is the subject of the appeal.

NPAN further claimed that APCON purportedly wrote to the clients of the Leadership Newspaper, “dissuading them from placing advertisements with the newspaper.”

It stated that unless the respondents, particularly APCON, are restrained, “they would most certainly compel the members of the applicant to comply with the provision of the Article the constitutionality of which the appellant is challenging in court.”

It added: “I verily believe that the conduct of the respondents, particularly the 1st respondent is a well calculated attempt to destroy the res of this appeal and thereby render the success of the appeal nugatory.”