The production of the film “Gang of Lagos” has become the subject of a contentious legal dispute, with Amazon Web Services Nigeria challenging the authority of Lagos State to censor films and videos. Amazon, the parent company of Prime Video Nigeria, argues that the Cinematograph Law of Lagos State, 2004 does not apply to film and video censorship in the state. This article explores the legal arguments presented by Amazon and the implications for the regulation of films in Nigeria.
The Isale-Eko Descendants Union (IDU), along with Chief Ayodele Bajulaiye and Chief Abdul-Waheed Ayeni, filed a lawsuit against the producers of “Gang of Lagos.” The indigenous people of Lagos sought N10 billion in damages, alleging that the film depicted Isale Eko as a den of criminals and the Eyo Masquerade as a gang of murderers. The producers named in the lawsuit include Jadesola Osiberu, Kemi Lala Akindoju, Adesegun Adetoro, Demi Olubanwo, Olumide Soyombo, Bankole Wellington, Adesua Etomi-Wellington, Kola Aina, and Greoh Limited.
Amazon, in its preliminary objection before the Lagos High Court, disputed the claimants’ assertion that “Gang of Lagos” violated the provisions of the Cinematograph Law of Lagos State, 2004. The company argued that the law in question is not applicable to video and film censorship in Lagos State. According to Amazon, the National Film and Video Censor Board Act, 1993 is the appropriate legislation governing film and video censorship, as it has already covered the field.
Amazon sought an order from the court, invoking section 25(1)(q) of the Constitution of the Federal Republic of Nigeria, 1999, to strike out the lawsuit on the grounds that the court does not have jurisdiction to entertain it. The company argued that the High Court of Lagos State cannot compel the Lagos State Government to censor “Gang of Lagos” under the Cinematograph Law of Lagos State, 2004, as it falls under the purview of the National Film and Video Censor Board Act.
Amazon’s arguments, based on constitutional interpretation, clash with item 16 of the Concurrent Legislative List of the Constitution of the Federal Republic of Nigeria, 1999. The item explicitly grants the National Assembly the power to make laws for the establishment of an authority to carry out film censorship and restrict the exhibition of such films. However, it also allows individual states to establish similar authorities for their respective jurisdictions. It remains to be seen how the court will reconcile these contrasting legal positions.
Justice Idowu Alakija of the Lagos High Court has scheduled October 9 to determine Amazon’s preliminary objection to the lawsuit. In a recent ruling, Justice Alakija granted the descendants of Isale Eko leave for judicial review in an ex parte application brought against the film producers under the Cinematograph Law of Lagos State. The applicants were granted leave to apply for an order of mandamus against the Lagos State Video and Film Censors Board to ban the film, “Gang of Lagos,” for its alleged false and defamatory depiction of the Eyo masquerade.
Did The Isale-Eko Descendants Union (IDU) do the right thing by suing The Gang of Lagos?
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