Lagos asks court to restore its power to register, license cinemas

The Lagos State Government has asked the Court of Appeal in Lagos to restore its power to register and license cinemas.

It filed an appeal challenging a March 18, 2020 Federal High Court judgment which held that only the Federal Government can exercise such power.

The state also filed a stay of execution of the judgment.

The lower court decision was delivered by Justice Chuka Obiozor, a Professor of Law, in Suit No. FHC/L/CS/1502/2016, Harris & Annis Limited v Attorney-General of Lagos State & 3 Ors.

The judge held that the Lagos State Government cannot exercise regulatory powers to register and license cinema exhibition centres under the Cinematograph Law of Lagos State, because a Federal Law already covers such activity.

But Director, Public Affairs of the Lagos State Ministry of Justice (MOJ), Mr Kayode Oyekanmi, told The Nation yesterday that the state had challenged the decision.

“We have, however, filed a notice of appeal and stay of application,” Oyekanmi said.

At the lower court, the plaintiff, Harris & Annis Limited, who operates ‘Dew Cinema’ in Lagos, 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.

The plaintiff’s counsel, Chijioke Emeka, argued that the NFVCB 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 further argued that because it was registered and licensed by the NFVCB and paid its annual licensing fees to the Federal Government; the LSFVCB cannot demand the same registration and annual licensing fee from it.

Counsel for the Attorney-General of Lagos State and the LSFVCB, A. O. Idowu, contended that the constitution allows both the Federal and Lagos State governments to have concurrent power to make laws which can operate side by side with each other.

Ruling, Justice Obiozor held 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.

However, 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 judge explained, is because the agreement hinges on a state law which is “inoperative”.

61 thoughts on “Lagos asks court to restore its power to register, license cinemas

  1. You really make it appear so easy along with your presentation but I find this topic to be really one thing which I believe I would never understand.
    It kind of feels too complex and very large for me. I’m looking forward
    on your subsequent publish, I will try to get
    the grasp of it!

  2. Generally I don’t learn article on blogs, but I wish to say
    that this write-up very forced me to check out
    and do it! Your writing style has been amazed me. Thanks, very great article.

  3. whoah this weblog is wonderful i like reading
    your articles. Stay up the good work! You realize, lots of people are searching round for this info,
    you could aid them greatly.

  4. Howdy! This is my 1st comment here so I just
    wanted to give a quick shout out and tell you I truly enjoy reading through your blog
    posts. Can you suggest any other blogs/websites/forums that cover the same
    topics? Appreciate it!

  5. Just desire to say your article is as astonishing.
    The clarity on your publish is just nice and that i can assume you are a professional on this subject.
    Well with your permission let me to take hold of your RSS
    feed to stay up to date with coming near near post.
    Thank you 1,000,000 and please continue the rewarding work.
    yynxznuh cheap flights

  6. Hi! I know this is kinda off topic however I’d figured I’d ask.

    Would you be interested in trading links or maybe guest
    writing a blog article or vice-versa? My blog covers a
    lot of the same subjects as yours and I feel we could greatly benefit from each
    other. If you are interested feel free to shoot
    me an email. I look forward to hearing from you!

    Fantastic blog by the way!

  7. It is perfect time to make some plans for the future and it is time
    to be happy. I have read this post and if I could I want
    to suggest you some interesting things or suggestions.
    Perhaps you can write next articles referring to this article.
    I wish to read even more things about it!

  8. obviously like your website however you have
    to check the spelling on quite a few of your posts.
    Many of them are rife with spelling issues and I find it very troublesome to tell the reality nevertheless
    I’ll certainly come back again.

  9. I have been surfing on-line more than 3 hours these days,
    yet I by no means found any interesting article like
    yours. It is lovely value sufficient for me. Personally,
    if all website owners and bloggers made excellent content as you did,
    the net will likely be a lot more helpful than ever before.

  10. Today, I went to the beach with my kids. I found a sea shell and gave it
    to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She
    placed the shell to her ear and screamed.
    There was a hermit crab inside and it pinched her ear. She never wants to go back!

    LoL I know this is completely off topic but I had to tell someone!

  11. Just desire to say your article is as astounding. The clarity in your post is simply cool and i
    could assume you’re an expert on this subject. Fine with your permission allow me to grab
    your RSS feed to keep up to date with forthcoming
    post. Thanks a million and please carry on the gratifying work.

  12. I used to be recommended this web site by way of my cousin. I’m now not certain whether this put up is written by
    means of him as nobody else realize such detailed approximately my trouble.
    You are incredible! Thanks!

  13. Hello! I could have sworn I’ve been to this website before but after going through a few of the posts I realized it’s new to me. Nonetheless, I’m definitely pleased I found it and I’ll be bookmarking it and checking back often!|

  14. Woah! I’m really digging the template/theme of this website.
    It’s simple, yet effective. A lot of times it’s tough
    to get that “perfect balance” between usability and
    visual appearance. I must say that you’ve done a superb job with this.
    Also, the blog loads super quick for me on Chrome. Outstanding Blog!

  15. Hello, Neat post. There’s an issue together with your website in internet explorer, might check this? IE nonetheless is the marketplace chief and a good component to folks will miss your wonderful writing because of this problem.|

  16. Undeniably believe that which you stated. Your favorite
    justification appeared to be on the internet the simplest
    thing to be aware of. I say to you, I definitely get annoyed while
    people consider worries that they plainly don’t know about.
    You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people can take a signal.
    Will probably be back to get more. Thanks

  17. Thank you for another informative site. Where else may I am
    getting that kind of information written in such an ideal means?

    I have a undertaking that I’m just now operating on, and I’ve
    been on the look out for such info.

  18. Hi there! I understand this is somewhat off-topic however I had to ask.

    Does managing a well-established blog such as yours take a massive amount work?
    I’m brand new to operating a blog however I do write in my journal everyday.
    I’d like to start a blog so I will be able to share my own experience and feelings online.

    Please let me know if you have any kind of recommendations
    or tips for brand new aspiring bloggers. Thankyou!

  19. What i do not understood is actually how you are now not
    actually a lot more neatly-preferred than you might
    be right now. You are so intelligent. You already
    know therefore considerably in the case of this topic, made me personally consider it from numerous various angles.
    Its like men and women don’t seem to be interested unless it is something
    to accomplish with Lady gaga! Your own stuffs outstanding.
    Always maintain it up!

  20. Thank you for any other informative site. The place else may I get
    that type of information written in such an ideal
    means? I’ve a venture that I’m just now running on,
    and I have been at the glance out for such information.

  21. Write more, thats all I have to say. Literally, it seems as though you relied on the
    video to make your point. You definitely know what youre talking about, why
    throw away your intelligence on just posting videos to your
    weblog when you could be giving us something informative
    to read?

  22. I am really impressed with your writing skills as
    well as with the layout on your weblog. Is this a paid theme
    or did you modify it yourself? Anyway keep up the nice quality
    writing, it is rare to see a great blog like this one these

  23. An interesting discussion is worth comment. There’s no doubt that that you ought to write more about this subject, it might not be a taboo subject but generally folks don’t talk about such issues. To the next! All the best!!

  24. Aw, this was a very good post. Finding the time and actual effort to produce a great article… but what can I say… I procrastinate a whole lot and never seem to get nearly anything done.

  25. You are so interesting! I do not suppose I’ve truly read through anything like this before. So great to find somebody with some original thoughts on this topic. Seriously.. thanks for starting this up. This web site is something that is needed on the internet, someone with a bit of originality!

  26. Hi, I do think this is an excellent blog. I stumbledupon it 😉 I’m going to revisit yet again since i have bookmarked it. Money and freedom is the best way to change, may you be rich and continue to guide other people.

Leave a Reply

Your email address will not be published. Required fields are marked *