20 March 2023
Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari and two others at the Federal High Court, Lagos State, for the arbitrary use of the National Broadcasting Commission (NBC) Act and broadcasting code to threaten broadcast stations with revocation of licences over election coverage. Joined in the suit, as defendants, are the NBC and the Minister of Information and Culture, Lai Mohammed.
The NBC had, last week, reportedly sanctioned 25 broadcast stations and issued ‘final warnings’ to 16 others for allegedly violating provisions of the Nigeria Broadcasting Code during the February 25, 2023 presidential and National Assembly elections.
But in the suit number FHC/L/CS/469/2023 filed on Friday, SERAP is asking the court to determine whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others is not inconsistent and incompatible with freedom of expression, access to information and media freedom.
SERAP is also asking the court for a declaration that NBC’s sanctioning of broadcast stations and threatening to revoke those of others for their lawful coverage of the general elections is unlawful, as it violates freedom of expression, access to information and media freedom.
The organisation is seeking an order of interim injunction restraining Buhari, NBC and Mohammed from threatening and sanctioning broadcast stations in the country, simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice.
In the suit, SERAP argues: “It is a travesty of justice to punish and threaten broadcast stations seeking to promote election integrity and citizens’ engagement and participation, while allowing perpetrators of electoral violence and grave human rights violations escape accountability for their alleged crimes.”
According to the body, rather than investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations.
SERAP also argues that the use of NBC Act and code in this case would open the door to arbitrariness and fundamentally restrict freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.
The suit filed by SERAP’s lawyers, Kolawole Oluwadare, Ms Adelanke Aremo and Ms Valentina Adegoke, read: “The media plays an essential role as a vehicle for the exercise of freedom of expression and information in a democratic society. The NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom on those charged with their implementation.
“The sanctioning of some broadcast stations and threat by the NBC to revoke the licences of others and shut them down is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.
“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to sanction and threaten to broadcast stations is inconsistent and incompatible with human rights requirements. The Nigerian Constitution and human rights treaties impose legal obligations on the Nigerian government to refrain from imposing restrictions, which are not consistent with human rights requirements, including on discussion of political and election-related issues.” guardain
