The All Progressives Congress has asked a Federal High Court in Lagos to compel the Nigerian Communications Commission to pay it N25bn as damages for allegedly banning its presidential campaign fund-raising scheme.
Joined with the NCC as respondents in the suit marked FHC/L/CS/16/15 are Etisalat, MTN Nigeria Limited, Globacom Limited, Airtel Nigeria and Visafone Communications Limited.
In an 18-paragragh affidavit deposed to by one Ademola Sodiq, the APC accused the NCC of instructing the 2nd to 6th respondents to discontinue an SMS platform it created for the purpose of
getting donations from willing members of the public for its presidential campaign.
getting donations from willing members of the public for its presidential campaign.
According to Sodiq, the participatory fund-raising strategy was for members of the public to contribute N100 to the APC’s presidential campaign fund each time they sent APC as an SMS to 35350.
Sodiq explained that the party’s strategy was borne out of its commitment to raising fund for its presidential campaign in a “transparent and accountable manner.”
The deponent said that within few hours of launching the strategy the party was getting about four to five text messages per a minute and had received a total of 5,400 SMS before the NCC directed the telecommunications service providers to discontinue the scheme.
Sodiq said, “Shortly after the applicant announced its participatory fund-raising strategy on Tuesday, January 20, 2015, the first respondent immediately addressed a letter to the 2nd respondent, which was received in Lagos, wherein a purported directive was given to all telecommunications service providers (2nd to 6th respondents inclusive), warning them “to avoid running political advertisement/promotions that will portray them as being partisan.”
According to Sodiq, the NCC in the letter with reference number NCC/CAB/GEN/2015/Vol.1/004 and back-dated January 19, 2015 also threatened to sanction the telecommunications service providers if they failed to discontinue the SMS forthwith.
Sodiq said, “Since the purported directive of the 1st respondent which affects the applicant’s SMS code 35350 platform, members, loyalists, supporters, sympathisers and other Nigerians, who intend to donate to the presidential campaign of the applicant have been incapacitated from using the platform, which has inhibited the plaintiff’s financial capacity to effectively execute its presidential campaign.”
Accusing the NCC of discriminating against the APC, Sodiq said he remembered and had proof that President Goodluck Jonathan and his vice, Namadi Sambo, in 2010 raised fund for their campaign using short codes designated: 6661, 6662, 6663 and 6664, registered with one Wagitel Communications Limited.
According to Sodiq, by banning the APC presidential campaign fund-raising scheme, the NCC contravened Section 39 of the 1999 Constitution and Articles 9 (1) (2) and 19 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. A9, Law of the Federation of Nigeria, 2004.
The APC counsel, Mr. Kola Awodein (SAN), while urging the court to declare the NCC’s directive as “unconstitutional, illegal, null, void and of no effect” argued that the NCC acted ultra vires its power when it gave such directive against the provisions of sections 39 and 42 of the Nigerian Constitution.
The APC is therefore asking the court to award N25bn as damages against the NCC in its favour for allegedly inhibiting its financial capacity to execute its presidential campaign towards the February 14 election.
Meanwhile, the party, on Wednesday secured an interim injunction overruling the ban on its fund-raising scheme pending the determination of the substantive suit.
The ex-parte application brought by its counsel, Dr. Muiz Banire, was granted by Justice Ibrahim Buba.
Justice Buba ordered on Wednesday that the 2nd to 6th defendants should immediately reactivate the applicant’s presidential campaign fund-raising SMS scheme.
The judge also granted the applicant the leave to serve the respondents the originating summons and other processes outside the court’s jurisdiction.
Justice Buba adjourned till February 4, 2014 to hear the substantive suit.
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