SERAP wants court to stop Buhari govt from shutting down broadcast stations

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari with National Broadcasting Commission (NBC) for “arbitrarily using the NBC Act and the broadcasting code to sanction and threaten to revoke the license of broadcasting stations in the country and shut down legitimate coverage of the 2023 general election.”

Joining the suit as a Defendant is Lai Mohammed, the minister of Information and Culture.

NBC last week reportedly sanctioned 25 broadcasting stations and issued a ‘final warning’ to 16 others for allegedly violating provisions of the Nigerian Broadcasting Code during the February 25, 2023 Presidential and National Assembly elections.

But in suit number FHC/L/CS/469/2023 filed last Friday at the Federal High Court, Lagos, SERAP asked the court to determine “whether the broadcasting code used by NBC to sanction some broadcasting stations and threaten to close others. inconsistent and incompatible with freedom of expression, access to information and media freedom.

SERAP asked the court to “declare that the sanctioning of some broadcasting stations and the threat by NBC to revoke their licenses and shut down other stations because of their legitimate coverage of the general election are unconstitutional and illegal, as they violate freedom of expression, access to information and freedom of the media.”

SERAP asked for “an interim order restraining President Buhari, NBC and Mr. Mohammed from threatening and sanctioning broadcasting stations in the country merely for performing their constitutional duties, pending hearing and determination of the motion by notice filed together in this suit.”

In the lawsuit, SERAP argued that: “It is a violation of justice to punish and threaten broadcasting stations that want to promote the integrity of elections and the involvement and participation of citizens, while allowing the perpetrators of electoral violence and serious human rights violations to escape responsibility for the charges that. crime.”

According to SERAP, “Instead of immediately investigating allegations of election-related violence and other violations of the Nigerian Electoral Act and Constitution, and going after suspected perpetrators, the Nigerian government treats the media by targeting and punishing broadcast stations.”

SERAP also argued that, “the use of the NBC Act and Code in this case will open the door to arbitrariness and fundamentally restrict freedom of expression which is an integral part of public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a party. country.”

The lawsuit filed for SERAP by Kolawole Oluwadare’s lawyers, Ms. Adelanke Aremo, and Ms. Valentina Adegoke, reads: “The media plays an important role as a vehicle or instrument for the exercise of freedom of expression and information in a democratic society.”

“The law and the NBC code do not give unlimited discretion to limit freedom of expression and freedom of the media to those charged with its implementation.”

“The sanctions of some broadcasting stations and the threat by NBC to revoke the licenses of others and close them are neither necessary nor proportionate, as they will interfere with the rights of freedom of expression, access to information, and freedom of the media.”

“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful and inciting speech, especially post-election’, as a reason for sanctioning and threatening broadcasting stations is inconsistent and incompatible with human rights requirements.

“Nigeria’s constitution and human rights treaties impose legal obligations on the Nigerian government not to impose restrictions inconsistent with human rights requirements, including discussion of political and electoral issues.”

“It is also inconsistent with constitutional and international human rights requirements to sanction and threaten broadcasting stations simply because of their coverage of issues surrounding general elections on the basis of vague phrases such as ‘unguarded statements’, and ‘negative conversations’ used by NBC.”

“These sanctions and threats are also serious obstacles to the exercise of journalism, media diversity and independence, media freedom, and participation.”

“Media coverage of general elections and post-election issues, and media freedom are related, because access to information is an essential condition for realizing the right to freedom of expression and participation.”

“Similarly, the phrase used by NBC is not clear enough and could be applied and enforced in an arbitrary or discriminatory manner.”

“Sanctions, ‘final warnings’ and threats by NBC would appear to not meet the strict requirements of the Nigerian Constitution and the country’s international human rights obligations. In particular, it is not clear what scope or object these words prohibit.

“According to the requirements of constitutional and international legality, it is not enough that restrictions on freedom of expression, access to information and media freedom are officially mentioned in press releases and regulations.”

“The requirement of legality is also to determine the scope of legal discretion given to the implementing authority in order to provide adequate protection against arbitrary implementation.”

SERAP is therefore asking the court for the following relief:

1. A notice that the use of the NBC broadcasting code to sanction some broadcasting stations and threaten to revoke the licenses of others and close them down to cover the general election is a violation of the right to freedom of expression, access to information and freedom of the media.
2. A notice that the sanctioning of some broadcasting stations and threats to revoke the licenses of others and shut them down for merely performing their legitimate duty to cover the general election is a violation of the right to a fair hearing as provided for under the Nigerian Constitution of 1999 (as amended) and human rights treaties that Nigeria has ratified .
3. A notice that the arbitrary action by NBC to sanction some broadcasting stations and threaten to revoke the licenses of others and shut them down for covering general elections is in violation of section 39 of the Nigerian Constitution 1999. [as amended]and Article 9 of the African Charter on Human and Peoples’ Rights Act (Ratification and Enforcement).
4. ORDER urging President Buhari to direct NBC and Mr. Mohammed to withdraw the sanctions and threats against the broadcasting station and comply with the provisions of section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement). ) Act.
5. PERPETUAL ADVICE ORDER prevent President Buhari, NBC, and Mr. Muhammed jointly or individually or any other authority, person or group of persons from unilaterally sanctioning and threatening to revoke the license of any broadcasting station and shut down the station on the grounds of public coverage 2023. elections.

No date has been set for the hearing of the suit.

Kolawole Oluwadare

Deputy Director of SERAP

3/19/2023