AMALGAMATED PRESS OF (NIGERIA) LTD. V. THE QUEEN

• Pages: 101-103

NIGERIAN SUPREME

COURT CASES

09611 N.S.C.C.

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101

AMALGAMATED PRESS OF (NIGERIA) LTD. V.

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THE QUEEN

In the matter of a Reference under Section 108 of the

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Constitution of the Federation.

1.

AMALGAMATED PRESS (OF NIGERIA) LTD

2.

IBIDAPO FATOGUN

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APPELLANTS

V

THE QUEEN

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RESPONDENT

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SUIT NO. FSC 99/1960

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRE-

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F.J.

UNSWORTH,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

6th April, 1961.

Constitutional Law - Nigeria (Constitution) Order in Council 1960 Second Schedule,

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Constitution of the Federation sections 108, 1 and 24, - Effect upon Criminal

Code, sections, 50, 51 and 59(1) - Fundamental Human Rights

Criminal Law - Sedition - Publication of False News - Validity of Criminal Code,

Cap. 142, sections 50, 51 & 59(1)

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Practice and Procedure - Reference of Constitutional issue to Supreme Court -

Questions must be specifically referred

ISSUES:

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1. Whether sections 1 and 24 of the Constitution of the Federation have abrogated

the Law of Sedition in Nigeria.

2. Whether s. 24 of the Constitution of the Federation can be used as a licence to

spread false news likely to cause fear and alarm to the public.

FACTS:

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The defendants were arraigned before the High Court of Lagos on an informa-

tion charging them with the offence of publishing a seditious publication contrary

to section 51(1)(c) of the Criminal Code, and (2) publishing false news likely to

cause fear and alarm contrary to section 59(1) of the Criminal Code. At the end of

the trial counsel for the defence submitted,

inter alia,

that in view of the provisions

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guaranteeing the Fundamental Human Right of Freedom of Expression contained

in the Constitution of the Federation (section 24) the two sections of the Criminal

Code under which the defendants were charged had become null and void as they

were repugnant to the Constitutional guarantees. He requested the trial judge to

refer the point to the Federal Supreme Court under the provisions of section 108

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of the Constitution.