SERAP Sues FG, Wants ECOWAS Court To Declare NBC Broadcasting Code Illegal

Socio-Economic Rights and Accountability Project (SERAP) and
twenty-four concerned Nigerians have sued the government of
President Muhammadu Buhari and National Broadcasting Commission
(NBC) at the ECOWAS Community Court of Justice in Abuja over “the
arbitrary use of the NBC Act and broadcasting code to target,
harass, sanction, and fine independent television and radio
stations in Nigeria, and to restrict Nigerians’ freedom of
expression and access to information.”

SERAP is asking the ECOWAS Court to declare “illegal and
contrary to Nigeria’s international human rights obligations the
provisions of the NBC Act and broadcasting code frequently apply by
the Federal Government and NBC to target, harass, intimidate, and
impose sanctions on independent television and radio stations in
the country.”

The suit is coming in the wake of the “‘bridge [breach] letter’
by the NBC asking Channels TV to explain why it interviewed the
spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos
for playing songs such as Falz’s ‘This is Nigeria’, Wande Coal’s
‘Iskaba’ and Olamide’s ‘See Mary, See Jesus’; and the N9m fines
imposed on Channels TV, AIT and Arise TV [N3m each] over their
coverage of the #EndSARS protests.”

In the suit number ECW/CCJ/APP/19/21 and filed last week, the
Plaintiffs are arguing that, “The rights to freedom of expression,
access to information and media freedom allow Nigerians to seek and
attain truth, which is an inherently good activity. These rights
also allow Nigerians to participate in representative governance,
social and political decision-making, which the Federal Government
and NBC are obligated to foster and encourage.”

According to the Plaintiffs: “Attempts to justify restrictions
on these fundamental rights and freedom on the overly vague grounds
of incitement, morality and subversion of the constituted authority
contradict the principles of the universality of human rights.
Freedom of Expression is a fundamental human right and cannot be
denied without lawful justification.”

The Plaintiffs are also arguing that, “the application of the
Nigerian Broadcasting Act 1992 and broadcasting code to sanction
independent television and radio stations is arbitrary, and has
created an environment in which independent media houses are
censored, or resort to self-censorship.”

The Plaintiffs state that, “Despite the Freedom of Information
Act in Nigeria which guarantees the right to access public records,
the Federal Government and its agents and several states of Nigeria
have routinely refused to release information sought.”

The Plaintiffs are also arguing that, “A lot of Nigerians at
home and abroad rely on independent television and radio stations
including online on their coverage of topical issues of public
interest to access impartial, objective and critical information
about ideas and views on how the Federal Government and its agents
are performing their constitutional and international human rights
obligations.”

The suit filed on behalf of the Plaintiffs by their lawyers
Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The low
level of political tolerance for views perceived to be critical of
government or offensive means that the press continues to be
subject of scare tactics, harassment and intimidation.”

“Censorship restricts the flow of information from the Federal
Government and its agents about issues of public interest,
preventing people from accessing critical information, expressing
themselves, and denying them opportunities to assert other
fundamental human rights.”

“It also violates the rights of people to openly discuss issues
relating to transparency and accountability in government, and
prevents them from accessing information on a wide range of related
concerns.”

“The Federal Government and NBC should be stopped from using the
broadcasting code or any other regulations and/or law to erode the
sacred rights to freedom of expression, information and media
freedom, which is the bedrock of the rule of law and sustainable
democracy.”

“The Federal Government and NBC have routinely breached the
fundamental principles of media freedom and media plurality, which
are a central part of the effective exercise of freedom of
expression and access to information, and thereby undermined the
ability of Nigeria’s independent media houses to function
effectively.”

“The persistent use of the NBC Act and broadcasting code by the
Federal Government and the NBC is a blatant violation of the rights
to freedom of expression, access to information and media freedom,
as well as prohibition against self-censorship.”

“The rights to freedom of expression, access to information and
media freedom promote diversity in forms of individual
self-fulfillment and human flourishing, which the Federal
Government and its agents ought to cultivate to achieve a tolerant
and welcoming environment for the sake of good governance, the rule
of law and respect for human rights.”

“The Federal Government and NBC have violated the right of
Nigerians to objective and impartial news coverage and reportage,
as they continue to impermissibly restrict individuals’ rights to
freedom of expression, access to information, and press freedom in
Nigeria.”

“The Federal Government and NBC have seriously undermined the
ability of independent media houses to practice journalism free
from undue interference, to cover diverse views that are crucial to
the exercise of many other rights and freedoms.”

The Plaintiffs are therefore asking the ECOWAS Court of
Justice for the following reliefs:

1. A DECLARATION that the application of the provisions of the
National Broadcasting Commission Act 1992 and the Nigeria
Broadcasting Code by the Defendant and its agent to impose
sanctions and penalties on independent television and radio
stations is inconsistent and incompatible with the right to freedom
of expression, access to information, and media freedom guaranteed
under Article 9 of the African Charter on Human and Peoples’ Rights
and Article 19 of the International Covenant on Civil and Political
Rights.
2. AN ORDER setting aside the sum of Five Million Naira or any
other form of penal sanction unilaterally imposed by the Defendant
and its agent on Channels TV and/or on any such other television
and radio stations.
3. AN ORDER directing the Defendant and its agents to immediately
repeal and/or amend the National Broadcasting Commission Act and
the Nigerian Broadcasting Code and bring them into conformity with
Nigeria’s international human rights obligations.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant and
its agents from unlawfully imposing sanctions fines or doing
anything whatsoever to harass Channels TV and any other television
and radio stations in violation of the African Charter on Human and
Peoples’ Rights and the International Covenant on Civil and
Political Rights
5. SUCH FURTHER order or orders the Honorable Court may deem fit to
make in the circumstances of this suit.

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

Socio-Economic Rights and Accountability Project (SERAP) and
twenty-four concerned Nigerians have sued the government of
President Muhammadu Buhari and National Broadcasting Commission
(NBC) at the ECOWAS Community Court of Justice in Abuja over “the
arbitrary use of the NBC Act and broadcasting code to target,
harass, sanction, and fine independent television and radio
stations in Nigeria, and to restrict Nigerians’ freedom of
expression and access to information.”

SERAP is asking the ECOWAS Court to declare “illegal and
contrary to Nigeria’s international human rights obligations the
provisions of the NBC Act and broadcasting code frequently apply by
the Federal Government and NBC to target, harass, intimidate, and
impose sanctions on independent television and radio stations in
the country.”

The suit is coming in the wake of the “‘bridge [breach] letter’
by the NBC asking Channels TV to explain why it interviewed the
spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos
for playing songs such as Falz’s ‘This is Nigeria’, Wande Coal’s
‘Iskaba’ and Olamide’s ‘See Mary, See Jesus’; and the N9m fines
imposed on Channels TV, AIT and Arise TV [N3m each] over their
coverage of the #EndSARS protests.”

In the suit number ECW/CCJ/APP/19/21 and filed last week, the
Plaintiffs are arguing that, “The rights to freedom of expression,
access to information and media freedom allow Nigerians to seek and
attain truth, which is an inherently good activity. These rights
also allow Nigerians to participate in representative governance,
social and political decision-making, which the Federal Government
and NBC are obligated to foster and encourage.”

According to the Plaintiffs: “Attempts to justify restrictions
on these fundamental rights and freedom on the overly vague grounds
of incitement, morality and subversion of the constituted authority
contradict the principles of the universality of human rights.
Freedom of Expression is a fundamental human right and cannot be
denied without lawful justification.”

The Plaintiffs are also arguing that, “the application of the
Nigerian Broadcasting Act 1992 and broadcasting code to sanction
independent television and radio stations is arbitrary, and has
created an environment in which independent media houses are
censored, or resort to self-censorship.”

The Plaintiffs state that, “Despite the Freedom of Information
Act in Nigeria which guarantees the right to access public records,
the Federal Government and its agents and several states of Nigeria
have routinely refused to release information sought.”

The Plaintiffs are also arguing that, “A lot of Nigerians at
home and abroad rely on independent television and radio stations
including online on their coverage of topical issues of public
interest to access impartial, objective and critical information
about ideas and views on how the Federal Government and its agents
are performing their constitutional and international human rights
obligations.”

The suit filed on behalf of the Plaintiffs by their lawyers
Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The low
level of political tolerance for views perceived to be critical of
government or offensive means that the press continues to be
subject of scare tactics, harassment and intimidation.”

“Censorship restricts the flow of information from the Federal
Government and its agents about issues of public interest,
preventing people from accessing critical information, expressing
themselves, and denying them opportunities to assert other
fundamental human rights.”

“It also violates the rights of people to openly discuss issues
relating to transparency and accountability in government, and
prevents them from accessing information on a wide range of related
concerns.”

“The Federal Government and NBC should be stopped from using the
broadcasting code or any other regulations and/or law to erode the
sacred rights to freedom of expression, information and media
freedom, which is the bedrock of the rule of law and sustainable
democracy.”

“The Federal Government and NBC have routinely breached the
fundamental principles of media freedom and media plurality, which
are a central part of the effective exercise of freedom of
expression and access to information, and thereby undermined the
ability of Nigeria’s independent media houses to function
effectively.”

“The persistent use of the NBC Act and broadcasting code by the
Federal Government and the NBC is a blatant violation of the rights
to freedom of expression, access to information and media freedom,
as well as prohibition against self-censorship.”

“The rights to freedom of expression, access to information and
media freedom promote diversity in forms of individual
self-fulfillment and human flourishing, which the Federal
Government and its agents ought to cultivate to achieve a tolerant
and welcoming environment for the sake of good governance, the rule
of law and respect for human rights.”

“The Federal Government and NBC have violated the right of
Nigerians to objective and impartial news coverage and reportage,
as they continue to impermissibly restrict individuals’ rights to
freedom of expression, access to information, and press freedom in
Nigeria.”

“The Federal Government and NBC have seriously undermined the
ability of independent media houses to practice journalism free
from undue interference, to cover diverse views that are crucial to
the exercise of many other rights and freedoms.”

The Plaintiffs are therefore asking the ECOWAS Court of
Justice for the following reliefs:

1. A DECLARATION that the application of the provisions of the
National Broadcasting Commission Act 1992 and the Nigeria
Broadcasting Code by the Defendant and its agent to impose
sanctions and penalties on independent television and radio
stations is inconsistent and incompatible with the right to freedom
of expression, access to information, and media freedom guaranteed
under Article 9 of the African Charter on Human and Peoples’ Rights
and Article 19 of the International Covenant on Civil and Political
Rights.
2. AN ORDER setting aside the sum of Five Million Naira or any
other form of penal sanction unilaterally imposed by the Defendant
and its agent on Channels TV and/or on any such other television
and radio stations.
3. AN ORDER directing the Defendant and its agents to immediately
repeal and/or amend the National Broadcasting Commission Act and
the Nigerian Broadcasting Code and bring them into conformity with
Nigeria’s international human rights obligations.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant and
its agents from unlawfully imposing sanctions fines or doing
anything whatsoever to harass Channels TV and any other television
and radio stations in violation of the African Charter on Human and
Peoples’ Rights and the International Covenant on Civil and
Political Rights
5. SUCH FURTHER order or orders the Honorable Court may deem fit to
make in the circumstances of this suit.

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