SERAP Sues Buhari, Wants Court To Declare Gag Order On Reporting Of Terrorist Attacks Illegal

Socio-Economic Rights and Accountability Project (SERAP) and
Centre for Journalism Innovation and Development have filed a
lawsuit against President Muhammadu Buhari and Mr Lai Mohammed,
Minister of Information and Culture, asking the court to “declare
illegal the gag order stopping journalists and broadcast stations
from reporting details of terrorist attacks and victims, as the
order violates media freedom, and Nigerians’ freedom of expression
and access to information.”

Joined in the suit as Defendant is the National Broadcasting
Commission (NBC).

The suit followed the directive by the NBC asking journalists,
television and radio stations in Nigeria to stop “glamourising and
giving too many details on the nefarious activities of terrorists
and kidnappers” during their daily newspaper reviews.

In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP
and PTCIJ are seeking: “an order of perpetual injunction
restraining the government of President Buhari, the NBC, and Mr Lai
Muhammed or any other persons from imposing fines or other
sanctions on broadcast stations for carrying out their
constitutional duties of reporting details of terrorist attacks and
victims during daily newspaper reviews.”

In the suit, SERAP and PTCIJ are seeking “an order to compel and
direct the NBC and Mr Lai Muhammed to withdraw the directive asking
journalists and broadcast stations to stop reporting details on
terrorist attacks and victims, as the directive is unlawful and
inconsistent with the Nigerian Constitution of 1999 [as amended],
and the country’s international human rights obligations.”

SERAP and PTCIJ are also seeking “an order setting aside the
directive on reporting of terrorist attacks and victims, for being
inconsistent and incompatible with sections 22 and 39 of the
Nigerian Constitution, Article 9 of the African Charter on Human
and Peoples’ Rights and Article 19 of the International Covenant on
Civil and Political Rights.”

According to SERAP: “Unless the reliefs sought are urgently
granted by this Honourable Court, the directive by the NBC and Mr
Lai Muhammed would be used to impermissibly restrict Nigerians’
rights to freedom of expression, access to information, media
freedom, and victims’ right to justice and effective remedies.”

SERAP and PTCIJ are arguing that “the failure by the government
of President Buhari to direct the NBC to withdraw its directive on
reporting of terrorist attacks and victims violates sections 5[a]
and [b], 147 and 148 of the Nigerian Constitution, Code of Conduct
for Public Officers [Fifth Schedule Part 1], and Oath of office
[Seventh Schedule] of the Constitution.”

SERAP and PTCIJ are also seeking “a declaration that sections
5.4.1[f] and 5.4.3 of the National Broadcasting Code and their
application to the daily review of newspaper headlines by broadcast
stations are inconsistent with sections 22 and 39 of the Nigerian
Constitution, Article 9 of the African Charter on Human and
Peoples’ Rights and Article 19 of the International Covenant on
Civil and Political Rights.”

According to SERAP and PTCIJ: “The NBC directive fails to
establish a direct and immediate connection between the reporting
by broadcast stations and purported risks to national security and
peace. The NBC is using ‘national security’ as a pretext to
intimidate and harass journalists and broadcast stations, and to
violate Nigerians’ rights to freedom of expression and access to
information.”

SERAP and PTCIJ are also arguing that: “Factual reporting on the
growing violence in some parts of Nigeria is a matter of public
interest. National security considerations should be limited in
application to situations in which the interest of the whole nation
is at stake, which would thereby exclude restrictions in the sole
interest of a government, regime, or power group.”

The suit filed on behalf of SERAP and PTCIJ by their lawyers
Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The NBC and
Mr Lai Muhammed lack the power and authority to restrict the
ability of journalists and broadcast stations to carry out their
constitutional duties and to unlawfully impose penalty such as
fines and other sanctions on any journalists and broadcast stations
for reporting on details of terrorist attacks and victims in the
country.”

“SERAP and PTCIJ together with several millions of Nigerians
easily access information, news and form opinions on government
policies through the daily newspaper reviews by journalists and
broadcast stations in Nigeria.”

“While the NBC has the powers to make rules to enable it perform
its statutory functions under section 2[1] [a] to [u] of NBC Act,
such statutory powers ought to be exercised in line with the
Nigerian Constitution, and the country’s international human rights
obligations.”

“The pertinent questions that arise from the directive are: Who
determines what would amount to ‘too many details’, ‘glamourising’,
‘divisive rhetoric’, and ‘security issues’ during the daily review
of newspaper headlines? What constitutes ‘divisive materials’
during the daily review of newspaper headlines by journalists and
broadcast stations?”

“In law, a regulation that is vague and loose in its scope
cannot be used to take away constitutionally and internationally
recognized human rights to freedom of expression, access to
information, and media freedom.”

“The interference with the constitutional and legal duties of
journalists and broadcast stations cannot be justified, as Nigerian
authorities have failed to show that reporting of terrorist attacks
and victims would impose a specific risk of harm to a legitimate
State interest that outweighs the public’s interest in such
information.”

“The Constitution is the grundnorm and the fundamental law of
the land. All other legislations in this country take their
hierarchy from the provisions of the Constitution. It is not a mere
common legal document.”

“The Courts as the veritable agency for the protection and
preservation of rule of law should ensure that persons and
institutions operate within the defined ambit of constitutional and
statutory limitations.”

“Where agencies of government are allowed to operate at large
and at their whims and caprices in the guise of performing their
statutory duties, the end result will be anarchy, licentiousness,
authoritarianism and brigandage leading to the loss of the much
cherished and constitutionally guaranteed freedom and liberty.”

No date has been fixed for the hearing of the application for
interim injunction, and the substantive suit.

Socio-Economic Rights and Accountability Project (SERAP) and
Centre for Journalism Innovation and Development have filed a
lawsuit against President Muhammadu Buhari and Mr Lai Mohammed,
Minister of Information and Culture, asking the court to “declare
illegal the gag order stopping journalists and broadcast stations
from reporting details of terrorist attacks and victims, as the
order violates media freedom, and Nigerians’ freedom of expression
and access to information.”

Joined in the suit as Defendant is the National Broadcasting
Commission (NBC).

The suit followed the directive by the NBC asking journalists,
television and radio stations in Nigeria to stop “glamourising and
giving too many details on the nefarious activities of terrorists
and kidnappers” during their daily newspaper reviews.

In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP
and PTCIJ are seeking: “an order of perpetual injunction
restraining the government of President Buhari, the NBC, and Mr Lai
Muhammed or any other persons from imposing fines or other
sanctions on broadcast stations for carrying out their
constitutional duties of reporting details of terrorist attacks and
victims during daily newspaper reviews.”

In the suit, SERAP and PTCIJ are seeking “an order to compel and
direct the NBC and Mr Lai Muhammed to withdraw the directive asking
journalists and broadcast stations to stop reporting details on
terrorist attacks and victims, as the directive is unlawful and
inconsistent with the Nigerian Constitution of 1999 [as amended],
and the country’s international human rights obligations.”

SERAP and PTCIJ are also seeking “an order setting aside the
directive on reporting of terrorist attacks and victims, for being
inconsistent and incompatible with sections 22 and 39 of the
Nigerian Constitution, Article 9 of the African Charter on Human
and Peoples’ Rights and Article 19 of the International Covenant on
Civil and Political Rights.”

According to SERAP: “Unless the reliefs sought are urgently
granted by this Honourable Court, the directive by the NBC and Mr
Lai Muhammed would be used to impermissibly restrict Nigerians’
rights to freedom of expression, access to information, media
freedom, and victims’ right to justice and effective remedies.”

SERAP and PTCIJ are arguing that “the failure by the government
of President Buhari to direct the NBC to withdraw its directive on
reporting of terrorist attacks and victims violates sections 5[a]
and [b], 147 and 148 of the Nigerian Constitution, Code of Conduct
for Public Officers [Fifth Schedule Part 1], and Oath of office
[Seventh Schedule] of the Constitution.”

SERAP and PTCIJ are also seeking “a declaration that sections
5.4.1[f] and 5.4.3 of the National Broadcasting Code and their
application to the daily review of newspaper headlines by broadcast
stations are inconsistent with sections 22 and 39 of the Nigerian
Constitution, Article 9 of the African Charter on Human and
Peoples’ Rights and Article 19 of the International Covenant on
Civil and Political Rights.”

According to SERAP and PTCIJ: “The NBC directive fails to
establish a direct and immediate connection between the reporting
by broadcast stations and purported risks to national security and
peace. The NBC is using ‘national security’ as a pretext to
intimidate and harass journalists and broadcast stations, and to
violate Nigerians’ rights to freedom of expression and access to
information.”

SERAP and PTCIJ are also arguing that: “Factual reporting on the
growing violence in some parts of Nigeria is a matter of public
interest. National security considerations should be limited in
application to situations in which the interest of the whole nation
is at stake, which would thereby exclude restrictions in the sole
interest of a government, regime, or power group.”

The suit filed on behalf of SERAP and PTCIJ by their lawyers
Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The NBC and
Mr Lai Muhammed lack the power and authority to restrict the
ability of journalists and broadcast stations to carry out their
constitutional duties and to unlawfully impose penalty such as
fines and other sanctions on any journalists and broadcast stations
for reporting on details of terrorist attacks and victims in the
country.”

“SERAP and PTCIJ together with several millions of Nigerians
easily access information, news and form opinions on government
policies through the daily newspaper reviews by journalists and
broadcast stations in Nigeria.”

“While the NBC has the powers to make rules to enable it perform
its statutory functions under section 2[1] [a] to [u] of NBC Act,
such statutory powers ought to be exercised in line with the
Nigerian Constitution, and the country’s international human rights
obligations.”

“The pertinent questions that arise from the directive are: Who
determines what would amount to ‘too many details’, ‘glamourising’,
‘divisive rhetoric’, and ‘security issues’ during the daily review
of newspaper headlines? What constitutes ‘divisive materials’
during the daily review of newspaper headlines by journalists and
broadcast stations?”

“In law, a regulation that is vague and loose in its scope
cannot be used to take away constitutionally and internationally
recognized human rights to freedom of expression, access to
information, and media freedom.”

“The interference with the constitutional and legal duties of
journalists and broadcast stations cannot be justified, as Nigerian
authorities have failed to show that reporting of terrorist attacks
and victims would impose a specific risk of harm to a legitimate
State interest that outweighs the public’s interest in such
information.”

“The Constitution is the grundnorm and the fundamental law of
the land. All other legislations in this country take their
hierarchy from the provisions of the Constitution. It is not a mere
common legal document.”

“The Courts as the veritable agency for the protection and
preservation of rule of law should ensure that persons and
institutions operate within the defined ambit of constitutional and
statutory limitations.”

“Where agencies of government are allowed to operate at large
and at their whims and caprices in the guise of performing their
statutory duties, the end result will be anarchy, licentiousness,
authoritarianism and brigandage leading to the loss of the much
cherished and constitutionally guaranteed freedom and liberty.”

No date has been fixed for the hearing of the application for
interim injunction, and the substantive suit.