NBC Vs AIT: NBC Cannot Suo Motu Charge A Media House- Falana, SAN

A prominent lawyer and a Human Rights lawyer, Femi Falana, SAN,
has pointed it out that National Broadcasting Commission (NBC )
lacks the powers on its own to charge a media house with engaging
in inciting, inflammatory or false broadcast, without the approval
of the court.

Falana SAN, made this statement Saturday reacting to the
clampdown of AIT by NBC.

According to him “The closure of media houses was a common
phenomenon under the defunct military dictatorship in Nigeria.
Since the restoration of civil rule 20 years ago, the dangerous
trend has continued under successive regimes either through
military invasion of media houses or seizure of copies of
newspapers. 

“The NBC has just lifted the suspension of the licences of AIT
and Raypower FM Radio stations in compliance with the ex parte
order granted by the federal high court. 

“It is hoped that the authorities of the Nigeria Police Force
and State Security Service will withdraw the armed goons mounting
siege in the compound of the AIT/Raypower FM stations without any
delay

“As far as democratic forces in the country are concerned, the
battle for press freedom has been won, once again. 

“But it is a temporary victory which should not be celebrated
without caution. Even under the most vicious military junta in
Nigeria, the courts ordered the reopening of the premises of the
National Concord and Punch newspapers which were illegally closed
down and occupied for months by armed troops. And the court orders
were complied with by the military dictators.

“No doubt, the NBC has been empowered by the NBC Act to regulate
all broadcasting organisations in the country. But in exercising
its wide powers NBC has to be made to appreciate that it can no
longer operate outside the ambit of the Constitution as was the
case under military rule.

“Since fundamental rights including freedom of expression can no
longer be curtailed or abrogated except in a manner permitted by
law the NBC ought to realise that it cannot suspend licences of
media houses, ban radio houses from playing records of artists or
impose fines on alleged offenders without a court order. 

He, therefore, added that, the NBC cannot suo motu charge a
media house with engaging in inciting, inflammatory or false
broadcast, try the charge, convict and proceed to impose fines on
the alleged offender. 

“But as no freedom is absolute the NBC may be compelled by
unforeseen circumstances to suspend a media house in the public
interest. For instance, a broadcasting house that decides to
announce fake result of a general election may be temporarily shut
down. Even in such an emergency situation, the NBC will be
required, as soon as possible thereafter, to apply for a court
order to legitimise the closure.

“Alternatively, the NBC may request the Attorney-General to
charge a media house for breaching the provisions of the NBC Act or
penal statutes. Otherwise, the powers of the NBC may be arbitrarily
exercised to the detriment of law and order in the society.

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