NCC media suspensions are inconsistent with the law- Paul Ayah

Ayah Paul Abine, Advocate General of the Supreme Court of Cameroon and National Secretary-General of the People’s Action Party, PAP, has downright stated that all suspensions meted out on media organs in the country by the National Communication Council, NCC, are grossly inconsistent with the law.

In a statement, Ayah stated firmly that the suspension of Afrique Media, as well as other media organs, was not in accordance with the laws in force; making it illegal. Ayah added that any NCC member who wants to justify the institution’s numerous suspensions is simply ignorant.

According to the Supreme Court advocate general, NCC’s jurisdiction as spelt out by the decree creating it crumbles in the face of the unambiguous legal provision granted to the minister in charge of territorial administration exclusive jurisdiction over the suspension of news media.

“The council would have had concurrent jurisdiction with the minister, ratione materiae, only, and only if another law had granted the National Communication Council jurisdiction to suspend news media… A decree taken in the furtherance of a law may only hopelessly purport to fly on the same plane with the law; or dastardly venture to contradict it,” Ayah argued.

He noted that the press in Cameroon is regulated by the 1990 law on social communication. Quoting Section 17 (1) (new) of the law: "where the conduct of a news media is contrary to public order and good morals, the minister in charge of territorial administration may suspend the said media."

Ayah said he has not been privileged to find any other provision of that law providing that some other body has concurrent jurisdiction with the minister in question.

He further argued that the last but two sections of the law, (Section 88), did create the NCC, specifying that the organization and functioning of the said council would be laid down by an executive order.

“A decree was subsequently issued, defining the jurisdiction of the National Communication Council,” Ayah noted, before adding that “in the hierarchy of laws, a law in the technical sense takes precedence over an executive order.

"In the event of conflict between the two, the law of course prevails,” Ayah said.