‘Gangs of Lagos’: Amazon tells court LASG lacks power to regulate films industry

*Amazon Web Services Nigeria and founder of Prime Video Nigeria challenges the power of the Lagos State Government to regulate and censor films as well as videos produced within the state as stipulated in the Cinematograph Law of Lagos State, 2004

Emmanuel Akosile | ConsumerConnect

Amazon Web Services (AWS) and founder of Prime Video Nigeria, has asked courts to dismiss a lawsuit the Lagos State Government (LASG) instituted against ‘Gang of Lagos’ producers in the cosmopolitan state.

ConsumerConnect learnt the AWS Nigeria had challenged the power of the State Government to regulate and censor films and videos produced within its territory as stipulated in the Cinematograph Law of Lagos State, 2004.

Amazon, a subsidiary of Amazon Inc., also submitted that the Cinematograph Law of Lagos State, 2004 “is not applicable to video and films censorship in the state.”

The entertainment giant stated this in its preliminary objection  in a suit filed by the Isale-Eko Descendants Union (IDU), among others.

It is recalled the Isale-Eko Descendants Union had instituted a suit seeking N10 billion damages against Amazon and other producers of the ‘Gangs of Lagos’ for alleged depiction of Isale Eko as a den of criminals and Eyo Masquerade as a gang of murderers in Lagos State.

Other claimants in the suit are Chief Ayodele Bajulaiye, who sued on behalf the Bajulaiye Chieftaincy Family and Eyo Iga Bajulaiye, and Chief Abdul-Waheed Ayeni who sued on behalf of the Sasore Chieftaincy Family and Eyo Iga Sasore.

However, the defendants in the suit are Mrs. Jadesola Osiberu, Ms. Kemi Lala Akindoju, Mr. Adesegun Adetoro, Demi Olubanwo, Mr. Olumide Soyombo, Mr. Bankole Wellington, Mrs. Adesua Etomi-Wellington, Mr. Kola Aina, Greoh Limited and Amazon Web Services Nigeria for alleged sacrilegious and scandalous depiction of Eyo Masquerade in a movie production, titled: ‘ Gangs of Lagos’.

In its preliminary objection filed June 30 this year, Amazon challenged the power of the state government to regulate videos and films, according to report.

Amazon’s prayer

Consequently, the entertainment company has petitioned the court to dismiss the substantive suit on the ground that the Cinematograph Law of Lagos State, 2004 was enacted outside the legislative competence of the Lagos State House of Assembly (LSHA).

In reference to provisions of 1999 Constitution (as amended), Amazon further 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 defendant further contended 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.”

Based on these grounds, Amazon claimed 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.”

The company as well claimed 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.”

It stated: “And take further notice that at the hearing of this application, the 12th defendant/applicant will rely on all the process filed by the claimants/respondents as well as the affidavit of Omoniyi Francis Moses attached to this application.”

Provisions in Concurrent Legislative List of 1999 Nigerian Constitution

It is, however, noted the claims of the global entertainment giant contravene Item 16 of the Concurrent Legislative List of the Constitution of the Federal Republic of Nigeria 1999.

The item categorically stipulates that the National Assembly “may 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 states 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.”

Meanwhile, Justice Idowu Alakija, who presided over the court proceedings, has fixed October 9, 2023, to determine Amazon’s preliminary objection to the suit filed the descendants of Isale Eko against the production of ‘Gang of Lagos’.

Justice 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.

The Judges reportedly 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 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.

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