Lagos Lacks Power for Film, Video Censorship under 1999 Constitution, Amazon Contends

*Asks courts to dismiss suit against Gang of Lagos producers

Gboyega Akinsanmi

The contention over the production of Gang of Lagos has taken a new dimension with Amazon Web Services Nigeria challenging the power of Lagos State to censor films and videos under the Constitution of the Federal Republic of Nigeria, 1999.

Amazon, a subsidiary of Amazon Inc and founder of Prime Video Nigeria, further contended that the Cinematograph Law of Lagos State, 2004 “is not applicable to film and video censorship in the state.”

This position was canvassed in a preliminary objection to a suit filed by the Isale-Eko Descendants Union (IDU), Chief Ayodele Bajulaiye and Chief Abdul-Waheed Ayeni (claimants) against the producers.

The producers include Jadesola Osiberu, Kemi Lala Akindoju, Adesegun Adetoro, Demi Olubanwo, Olumide Soyombo, Bankole Wellington, Adesua Etomi-Wellington, Kola Aina and Greoh Limited.

The indigenous people of Lagos had instituted a suit seeking N10 billion damages against Amazon and other film producers for alleged depiction of Isale Eko as a den of criminals and Eyo Masquerade as a gang of murderers.

Amazon, in a preliminary objection before a Lagos High Court recently, however disputed the claimants that the Gang of Lagos violated the provisions of the Cinematograph Law of Lagos State, 2004,

Amazon therefore sought “an order pursuant to section 25(1)(q) of the Constitution of the Federal Republic of Nigeria, 1999, striking out this suit as this honourable court does not have jurisdiction to entertain it.”

The company argued that the Cinematograph Law of Lagos State, 2004 under which the claimants brought their claims “is not applicable to video and film censorship in Lagos State.

“The appropriate law is the National Film and Video Censor Board Act, 1993, an Act of the National, which has already covered the field,” Amazon argued.

Amazon further contended that the High Court of Lagos State “has no jurisdiction to compel the Lagos State Government to censor the firm Gang of Lagos under the Cinematograph Law of Lagos State, 2004, which falls within the provisions of the National Film and Video Censor Board Act.”

It argued that section 25(1)(q) of the Constitution “precludes this honourable court from exercising jurisdiction over interpretation of the Constitution as it relates to the federal government and its agencies.”

The claims of the global giant, however, contravene Item 16 of the Concurrent Legislative List of the Constitution of the Federal Republic of Nigeria, 1999.

The item categorically states that the National Assembly could make laws for the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films.

It further clarifies that nothing “herein shall (a) preclude a House of Assembly from making provision for a similar authority for that State; or
(b) authorise the exhibition of a cinematograph film in a State without the sanction of the authority established by the Law of that State for the censorship of such films.”

The court, presided over by Justice Idowu Alakija, has fixed October 9, to determine Amazon’s preliminary objection to the suit filed by the descendants of Isale Eko against the production of Gang of Lagos.

In a ruling recently, Alakija recently granted the leave for judicial review in an ex parte application brought against the film producers pursuant to section 3 of the Cinematograph Law of Lagos State.

Alakija had granted the leave after hearing arguments of counsels of Isale Eko descendants, Mr. Olasupo Shasore (SAN), Mr. Adeniji Kazeem (SAN), Mr. Aderemi Bashua (SAN), Mrs. Oyinkansola Badejo-Okusanya, Akinwale Irokosu and Adesamola Alebiosu, among others. 

Alakija had granted the applicants leave to apply for an order of mandamus against the Lagos State Video and Film Censors Board to ban the film, Gangs of Lagos airing on Amazon Prime, for its false and defamatory depiction of the Eyo masquerade.