On the 22nd February 2018 the Lagos Court, presided over by Justice T. A. O. Oyekan- Abdullahi had in a suit brought by the Incorporated Trustees of the Project for Human Development (PHD) against the Incorporated Society for Family Health (SFH) (SUIT NO. LD/1446MFHR/2015 Incorporated Trustees of the Project for Human Development (PHD) V Incorporated Society for Family Health (SFH)), ruled that condoms are not 100% effective, and, that total abstinence or faithfulness is the best option. The court also ruled that condoms should not be advertised between 6 a.m and 8 p.m on Radio and between 6 p.m and 10 p.m on Television.
Whereas the applicant, the Incorporated Trustees of Project for Human Development, had through their counsel, Sonnie Ekwowusi,( Sonnie Ekwowusi & Co), sought before Justice Oyekan-Abdullahi, the following reliefs against the Incorporated Trustees of Society for Family Health.
1. A DECLARATION that the advertisement of the “Gold Circle” condom by the 1st Respondent on page 73 of The Guardian Newspaper of May 12 2014, the 2nd respondent newspaper, without the Health Risk Warning Clause of the Advertising Practitioners Council of Nigeria (APCON), to wit, Be warned: the condom is not 100 per cent safe. total abstinence or faithfulness is the best option” is contrary to Articles 2,3 4, 48, 49 and 50 of the Nigerian Code of Advertising Practice, Sales Promotion and Other Rights/Restrictions on Practice (5th Edition), (APCON laws), sections 17, 37, 38, 39 (3), 45 of the 1999 Constitution of the Federal Republic of Nigeria and Articles 17, 18 27 and 29 of the African Charter on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10 and therefore illegal and unconstitutional.
2. A DECLARATION that the failure/negligence/refusal of the 1st Respondent to insert the aforesaid Health Risk Warning Clause on the packets of “Gold Circle” condom which it markets and advertises throughout Nigeria is contrary to article 49 of the APCON laws, sections 17, 37, 38, 39 (3), 45 of the 1999 Constitution of the Federal Republic of Nigeria and Articles 17, 18 27 and 29 of the African Charter on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10 and therefore illegal and unconstitutional.
3. A PERPETUAL INJUNCTION restraining the 1st Respondent, whether by themselves, their agent, servants or privies or otherwise howsoever from further advertising the “Gold Circle” condom or any condom at all in The Guardian Newspaper of the second respondent or any other media or anywhere in Nigeria without compliance with APCON laws.
Consequently, in her considered judgement Justice Oyekan-Abdullahi held that the respondent shall continue to insert the Health Risk Warning Clause of the Advertising Practitioners Council of Nigeria (APCON) to wit: “ Condom is not 100 per cent safe. Total Abstinence or faithfulness is the best option in all condom advertisement. Further the court also ruled that the Respondent shall continue to desist from advertising and marketing the condom between 6 a.m and 8 p.m on Radio and between 6 p.m and 10 p.m on Television.
4. The Foundation for African Cultural Heritage (FACH), Project For Human Development (PHD), Association of Concerned Mothers and Muslim Rights Concern Association have dragged Multi-choice Nigeria Limited, .National Broadcasting Commission (NBC) and the Federal Republic of Nigeria to the Federal High Court over the promotion and airing of TV Reality Show called Big Brother Nigeria (BBNaija). In their claim before the court, the plaintiffs whose objective is to preserve positive African values in society, argue that by airing BBNaija with inmates having sex, sucking bottoms, masturbating in the full glare of camera and in front of viewers, the defendants, violates public morality contrary to the Nigerian Constitution and the African Charter on Human Rights.