PRESS RELEASE

The Ombudsman Commission urges the general public, including individuals, media outlets, and social media users, to refrain from publicly discussing or commenting on matters relating to the ongoing judicial review proceedings in OS (JR) No.66 of 2024; Hon Timothy Masiu & 4 Ors v The Ombudsman Commission.

This Court proceeding was filed by Hon. Timothy Masiu MP in his capacity as then Minister for Information and Communications Technology, together with three other individuals, and the National Information and Communications Technology Authority (‘NICTA’,), challenging the validity of a constitutional direction issued by the Ombudsman Commission.

The Commission’s constitutional direction was issued in response to allegations concerning the conduct of persons subject to the Leadership Code in relation to NICTA’s non-compliance with the technical licensing requirements and misleading media statements surrounding this. Based on the Commission’s preliminary assessment, there are indications that NICTA may have failed to comply with the mandatory licensing processes before it could issue Starlink the license to operate Low Earth Orbit (LEO) satellite services. 

On 5 September 2025, the National Court completed hearing arguments on the merits of the judicial review application and reserved its decision.

While the Court is yet to deliver its ruling, the Commission is aware of certain individuals, entities and media personalities who have shared views, opinions and comments touching on matters that are currently before the Court for its deliberation.

The Commission respectfully reminds all parties to uphold the integrity of the judicial process and avoid any actions that could interfere with the administration of justice.

The matter remains sub judice, as it is currently under judicial determination following trial in the National Court. 

The Public is discouraged from commenting on the matter in any media platforms, including social media, print, broadcast, or online outlets. Such discussions may have the effect of undermining the authority of the court and could amount to contempt of court.

It is potentially contemptuous to discuss elements of the proceedings in a manner that lowers the Court’s authority or interferes with its processes. Perpetrators of such contempt may be dealt with by the Court accordingly. Extreme care must be exercised when addressing related topics in newspapers, on television or via other channels.

The Commission notes with concern the opinions that have been publicly expressed and circulated across various media platforms. It respectfully requests that the concerned individuals and entities retract their statements to preserve the fairness of the proceedings. While the Commission acknowledges citizens’ have their constitutional right to freely express themselves, this must be exercised responsibly, with due regard for the administration of justice and the authority of the Courts.

The Commission respects the government’s policy to enable the lawful and orderly rollout of LEO satellite internet services by Starlink, or any other interested provider in this industry as a critical pillar of the nation’s connectivity and digital inclusion strategy.

However, to ensure transparency and accountability, the lawful processes must be followed when fully implementing such important government policies.

Press Release approved by the Chief Ombudsman                                                         

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