Tag: APC

Triumph of the rule of law

ACTION Congress of Nigera’s (APC) court victory over the Nigerian Communications Commission (NCC) in a suit the party filed against the commission challenging the latter’s banning of its campaign fundraising platform is a triumph of the rule of law and integrity of the new media. The APC had in late January sued the commission, asking for N25billion as damages, for ordering Etisalat, MTN Nigeria Ltd, Globacom Ltd, Airtel Nigeria Ltd and Visafone Communications Ltd. to discontinue its sms platform created to enable the party get donations from willing members of the public for its presidential campaign.

The idea was to make Nigerians who are sympathetic to the party’s cause donate N100 each to its presidential campaign fund whenever they sent ‘APC’ as sms to 35350. But, the commission, in a letter dated January 19, 2015, ordered the other respondents to shut down the platform, with a warning that they should “avoid running political advertisement/promotions that will portray them as being partisan.” For effect and maximum compliance, the commission was said to have threatened to sanction any of the telecommunications service providers which failed to comply with the order.

But Justice Ibrahim Buba who delivered judgment in the matter awarded the APC N500million as damages, to be paid jointly and severally by the respondents. He said the APC had a right under the constitution to press for the enforcement of its fundamental human right if violated, dismissed the NCC’s counter-affidavit and held that the action of the respondents was illegal and unconstitutional.

The APC deserves praise for taking the matter to court. Many such illegalities had occurred and indeed keep occurring in the country daily because those concerned do not challenge them in the court of law. By its decision to sue the commission, the party has helped to deepen our democratic culture. At least the commission now knows its limits under the law as far as such matters are concerned; that is assuming it took its action out of ignorance in the first place. Even if it did with the intention of pleasing its masters, the outcome is enough to make it realise the folly of such decision.

Campaign contribution is a symbol of freedom of expression and political choice. We therefore wonder how such right can be abridged by a government agency that is supposed to have a responsibility to all Nigerians, irrespective of religious or political affiliation. Moreover, this is a partnership that the NCC itself should profit from because the platform was basically business and not political per se.

It is disturbing that for a country where moneybags have hijacked the political process the NCC would discourage a venture that has the potential of reducing the influence of such moneybags in the polity and thus give the party some form of economic independence. This was the way political parties were funded in the country many years ago, and it somewhat ensured a sense of collective ownership because no single individual could lay claim to ownership of the party so funded.

It is disheartening that many government agencies see themselves as appendages of the government instead of the public institutions that they should be. It is better for us all if they can be made to realise that they belong to all Nigerians and not to the government of the day. In the specific instance, the NCC even forgot that it allowed a similar platform for the Peoples Democratic Party (PDP), which set up the short codes designated: 6661, 662, 6663 and 6664 managed by one Wagitel Communications Limited to raise funds for the campaign of President Goodluck Jonathan and the vice president, Namadi Sambo, in 2010. Our public institutions should do with less of such discrimination in their own interest and that of the country at large.

We commend the court for disposing of the matter expeditiously. We can only hope many of our courts would emulate the record time within which the matter was decided.