Judgment
OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar division, Coram: Omage, JCA, Ngwuta, JCA (as he then was) and Owoade, JCA, delivered on Wednesday the 18th day of April, 2007.
The 1st respondent herein had commenced an action in the Federal High Court, Calabar for the enforcement of her fundamental human rights.
In her application exparte for leave, the 1st respondent, herein after referred to as “the applicant” had sought leave of the Court to enforce her fundamental human rights to dignity of human person, personal liberty and right to private and family life. She also sought leave for an order of Court when granted to operate as a stay of all actions or matter relating to or connected with the complaint, until the determination of the Motion on Notice. The trial Court granted the reliefs sought with the return date as 12/02/2003.
The facts relied on by the applicant are as follows – The applicant, Evangelist (Mrs.) Helen Ukpabio sought the order of the trial Court to enforce her fundamental human rights against the Inspector General of Police, Commissioner of Police, Lagos State, Inspector Gabriel, Monitoring Unit, Lagos State and Nigerian Film and Censors Board. The applicant is a preacher and the Executive Producer of Liberty Films, an arm of the Liberty Foundation Gospel Ministries.
She claimed to have produced thirteen religious films and is the producer of RAPTURE FILMS – Parts 1 & 2 which is the subject of this action.
Sometime in 2001, the 4th respondent received Rapture Films 1 & 2 from the applicant for censorship as required by law. The 4th respondent directed the applicant to make certain amendments in the said two films. The applicant claimed that she carried out the amendment but the 4th respondent was not satisfied. Through Mrs. Roseline Odey of the 4th respondent, the applicant was ordered not to release the films. The applicant agreed that she went ahead to release and circulated the films within the church.
She stated that she subsequently realized that it was not necessary, in the first place, to go to the 4th respondent on the censorship of her films, as the 4th respondent had no authority to censor films for religious evangelization. The applicant claimed to have heard in the Air that her films had been banned and Mrs. Roseline Odey appeared on the African Independent Television (AIT) to say that the film was illegal. Thereafter, acting for the 4th respondent, Mrs. Odey used the Police to harass and intimidate the applicant.
