A Federal High Court sitting in Lagos has held that the Lagos
State Government cannot exercise regulatory powers to register and
license cinema exhibition centres in Lagos State under the
Cinematograph Law of Lagos State, at the same time with the Federal
Government.
In a judgment delivered by Hon. Justice (Prof.) Chuka Austine
Obiozor in Suit No. FHC/L/CS/1502/2016, Harris & Annis Limited v
Attorney General of Lagos State & 3 Ors. the Court faulted the dual
registration and annual licensing fees exacted by both the Federal
and Lagos State Governments. In the suit filed by its lawyers,
Auxano Law, Harris & Annis Limited, which operates ‘Dew Cinema’ in
Lagos State, joined the Attorney General of Lagos State, the Lagos
State Film and Video Censors Board (LSFVCB), the Attorney General
of the Federation, and the National Film and Video Censors Board
(NFVCB) as defendants.
Plaintiff’s counsel, Chijioke Emeka, argued that the National
Film and Video Censors Board Act 1993 and the Cinematograph Law of
Lagos State 2004 having given the NFVCB and the LSFVCB powers to
register and license premises for film and video exhibition, the
plaintiff is brought under the registration and licensing
regulation of both bodies under sections 17, 21 and 25(2) of the
Federal Law and sections 23 and 24 of the State Law, a scenario
unintended by the constitution. The plaintiff, it was further
argued, having been registered and licensed by the NFVCB and annual
licensing fees paid to Federal Government; the LSFVCB, cannot
demand the same registration and annual licensing fee from the
plaintiff; the only operative power inuring to the LSFVCB being the
power to censor films and videos.
1st and 2nd Defendants’ counsel, the Attorney-General of Lagos
State and the LSFVCB, A. O. Idowu, argued that the constitution
allows both the Federal and Lagos State governments concurrent
power to make laws on the subject matter. Thus both laws can
operate side by side with each other, without the Federal law being
superior. While the 3rd Defendant, the Attorney General of the
Federation was not represented, the 4th Defendant, NFVCB, informed
the Court through its counsel that it was supporting the argument
of the plaintiff’s counsel to the effect that the Lagos Law should
be in abeyance in the face of the Federal law on the same
subject.
Justice Obiozor agreed with counsel’s submission that Item 16,
Part II of the Second Schedule in the 1999 Constitution gives
concurrent powers to both the Federal and State legislatures to
make law creating a body to register cinema premises and collect
annual license fees. But since the National Assembly has made a law
which covered the field, the law made by the Lagos House of
Assembly on the same issue remains otiose and inoperative. Item
16(b) however allows the State Law to censor films and videos to be
exhibited in Lagos State.
It was held that since both laws exact registration and
licensing fees, the state law is not binding. “I have examined
sections 17, 21 and 25(2) of the National Film and Video Censors
Board Act and sections 23 and 24 of the Cinematograph Law Cap. C8,
Laws of Lagos State and find a case of co-existence of a Federal
Law and a State Law on the subject matter of registration and
licensing of premises for film and video exhibition. To that extent
therefore, the Federal Law prevails and the law of State must go
into abeyance while the Federal law subsists”, the Judge said.
The Court also held that a ‘Memorandum of Understanding’,
‘Exhibit LASG 1’, entered into between the NFVCB and the LSFVCB
under which both bodies cooperate to exact dual registration and
licensing fees from cinema operators, is “non sequitur”. This, the
Court explained, is because the agreement hinges on a State law
which is “inoperative”. The agreement, it was held, cannot
therefore apply to the plaintiff.
A Federal High Court sitting in Lagos has held that the Lagos
State Government cannot exercise regulatory powers to register and
license cinema exhibition centres in Lagos State under the
Cinematograph Law of Lagos State, at the same time with the Federal
Government.
In a judgment delivered by Hon. Justice (Prof.) Chuka Austine
Obiozor in Suit No. FHC/L/CS/1502/2016, Harris & Annis Limited v
Attorney General of Lagos State & 3 Ors. the Court faulted the dual
registration and annual licensing fees exacted by both the Federal
and Lagos State Governments. In the suit filed by its lawyers,
Auxano Law, Harris & Annis Limited, which operates ‘Dew Cinema’ in
Lagos State, joined the Attorney General of Lagos State, the Lagos
State Film and Video Censors Board (LSFVCB), the Attorney General
of the Federation, and the National Film and Video Censors Board
(NFVCB) as defendants.
Plaintiff’s counsel, Chijioke Emeka, argued that the National
Film and Video Censors Board Act 1993 and the Cinematograph Law of
Lagos State 2004 having given the NFVCB and the LSFVCB powers to
register and license premises for film and video exhibition, the
plaintiff is brought under the registration and licensing
regulation of both bodies under sections 17, 21 and 25(2) of the
Federal Law and sections 23 and 24 of the State Law, a scenario
unintended by the constitution. The plaintiff, it was further
argued, having been registered and licensed by the NFVCB and annual
licensing fees paid to Federal Government; the LSFVCB, cannot
demand the same registration and annual licensing fee from the
plaintiff; the only operative power inuring to the LSFVCB being the
power to censor films and videos.
1st and 2nd Defendants’ counsel, the Attorney-General of Lagos
State and the LSFVCB, A. O. Idowu, argued that the constitution
allows both the Federal and Lagos State governments concurrent
power to make laws on the subject matter. Thus both laws can
operate side by side with each other, without the Federal law being
superior. While the 3rd Defendant, the Attorney General of the
Federation was not represented, the 4th Defendant, NFVCB, informed
the Court through its counsel that it was supporting the argument
of the plaintiff’s counsel to the effect that the Lagos Law should
be in abeyance in the face of the Federal law on the same
subject.
Justice Obiozor agreed with counsel’s submission that Item 16,
Part II of the Second Schedule in the 1999 Constitution gives
concurrent powers to both the Federal and State legislatures to
make law creating a body to register cinema premises and collect
annual license fees. But since the National Assembly has made a law
which covered the field, the law made by the Lagos House of
Assembly on the same issue remains otiose and inoperative. Item
16(b) however allows the State Law to censor films and videos to be
exhibited in Lagos State.
It was held that since both laws exact registration and
licensing fees, the state law is not binding. “I have examined
sections 17, 21 and 25(2) of the National Film and Video Censors
Board Act and sections 23 and 24 of the Cinematograph Law Cap. C8,
Laws of Lagos State and find a case of co-existence of a Federal
Law and a State Law on the subject matter of registration and
licensing of premises for film and video exhibition. To that extent
therefore, the Federal Law prevails and the law of State must go
into abeyance while the Federal law subsists”, the Judge said.
The Court also held that a ‘Memorandum of Understanding’,
‘Exhibit LASG 1’, entered into between the NFVCB and the LSFVCB
under which both bodies cooperate to exact dual registration and
licensing fees from cinema operators, is “non sequitur”. This, the
Court explained, is because the agreement hinges on a State law
which is “inoperative”. The agreement, it was held, cannot
therefore apply to the plaintiff.