Mark Darlington Osae, the plaintiff in the lawsuit against the ban on celebrity endorsements in alcohol advertisements, has expressed his disappointment following the Supreme Court’s dismissal of his case.
The Supreme Court ruled on Wednesday to maintain the Food and Drugs Authority’s (FDA) guidelines, which were established in 2016, prohibiting well-known personalities from participating in alcohol advertisement campaigns.
Mr. Osae, who manages the musical duo Reggie N Bollie, contends that the directive unfairly discriminates against celebrities and is in violation of the constitution.
He approached the highest court in the land, seeking an interpretation of articles 17(1) and 17(2) of the constitution, hoping for an injunction against the FDA’s directive on the grounds of discrimination.
However, the Supreme Court, led by Chief Justice Gertrude Torkonoo, in a 5-2 majority ruling, affirmed the constitutionality of the FDA’s guidelines.
In a discussion with Umaru Sanda Amadu on Eyewitness News on Citi FM on Wednesday, Mr Osae remarked, “…I am disappointed with the outcome. But I think we’ve opened up a bigger conversation. For that, I am glad about it.”
“We haven’t received the full details of the judgement yet. We are told we should receive it by the 21st of this month. What people don’t realise is that out of the seven judges two of them agreed with us. So you realise it wasn’t like all of them agreeing that we didn’t have a case or not but two of them side with us and five sided with the FDA..”
Mr Osae also clarified, “We are not against protecting the public or protecting the young ones. It is the fact that if everyone else is allowed to do it then why not another group of people and they said they influence the kids.”
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