required in the interest of national security, public order (like they did in Act 491), public morality (like Act 76) and for purpose of protecting the reputations, rights and freedoms of others (like sections 207 and 208 of Act 29). Parliament did not and could not have empowered the Commission to criminalize free expression by Act 449. For these reasons the penal provisions in L.I. 2224 were ultra vires the functions of the Commission and thus void. This decision equally applies to regulation 13(5) of L.I. 2224. There are other reasons why regulation 22 cannot stand. The regulations were made by the 2nd defendant pursuant to section 24 of the National Media Commission Act, 1993 (Act 449). Act 449 is an Act of Parliament and must therefore derive its source from the Constitution. Every existing legislation that has some relationship with the present Act may be resorted to in order to give effect to its provisions. Section 21(7)(a) of the Interpretation Act, 2009 (Act 792) provides that: Where an enactment confers a power to make statutory instrument that power includes a power to provide (a) a punishment by way of a fine or a term of imprisonment or both or to community service for a contravention of that statutory instrument. It is from this provision that the authority to prescribe criminal sanctions by a body other than Parliament, which is entrusted with power of making laws for the country under article 93 of the Constitution, can only do so by way of a constitutional instrument, which must derive its source from the Constitution or a statutory instrument which derives its strength from an Act of Parliament. Article 167 which sets out the functions of the Commission, states in clause (d) that it may perform the particular function prescribed therein, that is registration of newspapers and other publications, by way of a constitutional instrument. It could thus include criminal sanctions as stated in section 21(7)(a) of Act 792 when it publishes regulations by a constitutional instrument for the registration of newspapers and other publications. It follows that the Commission cannot
required in the interest of national security, public order (like they did in Act 491), public morality (like Act 76) and for purpose of protecting the reputations, rights and freedoms of others (like sections 207 and 208 of Act 29). Parliament did not and could not have empowered the Commission to criminalize free expression by Act 449. For these reasons the penal provisions in L.I. 2224 were ultra vires the functions of the Commission and thus void. This decision equally applies to regulation 13(5) of L.I. 2224. There are other reasons why regulation 22 cannot stand. The regulations were made by the 2nd defendant pursuant to section 24 of the National Media Commission Act, 1993 (Act 449). Act 449 is an Act of Parliament and must therefore derive its source from the Constitution. Every existing legislation that has some relationship with the present Act may be resorted to in order to give effect to its provisions. Section 21(7)(a) of the Interpretation Act, 2009 (Act 792) provides that: Where an enactment confers a power to make statutory instrument that power includes a power to provide (a) a punishment by way of a fine or a term of imprisonment or both or to community service for a contravention of that statutory instrument. It is from this provision that the authority to prescribe criminal sanctions by a body other than Parliament, which is entrusted with power of making laws for the country under article 93 of the Constitution, can only do so by way of a constitutional instrument, which must derive its source from the Constitution or a statutory instrument which derives its strength from an Act of Parliament. Article 167 which sets out the functions of the Commission, states in clause (d) that it may perform the particular function prescribed therein, that is registration of newspapers and other publications, by way of a constitutional instrument. It could thus include criminal sanctions as stated in section 21(7)(a) of Act 792 when it publishes regulations by a constitutional instrument for the registration of newspapers and other publications. It follows that the Commission cannot
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