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SERAP, CJID Challenge Imposition of Fines on Media Houses

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national broadcasting commission NBC

By Adedapo Adesanya

The Socio-Economic Rights and Accountability Project (SERAP) on Sunday said it has filed a lawsuit against President Muhammadu Buhari for imposing fines on media houses for allegedly glorifying terrorism.

SERAP also wants the court to “declare arbitrary and illegal the N5 million imposed on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited and TelcCom Satellite Limited, over their documentaries on terrorism in the country.”

The suit, which was co-filed by the Centre for Journalism Innovation and Development (CJID), has the Minister of Information and Culture, Lai Mohammed, and the National Broadcasting Commission (NBC) joined as defendants.

Business Post had reported how NBC imposed the fines on the media houses including Trust TV on the grounds that their documentaries glorified the activities of bandits and undermined national security, an act that contravenes the provisions of the Nigeria Broadcasting Code.

However, the groups in suit number FHC/L/CS/1486/2022 filed last Friday at the Federal High Court, Lagos, SERAP and CJID are seeking: “an order setting aside the arbitrary and illegal fines of N5 million and any other penal sanction unilaterally imposed by the NBC on these media houses simply for carrying out their constitutional duties.”

“The NBC and Mr Lai Mohammed have not shown that the documentaries by the media houses would impose a specific risk of harm to a legitimate State interest that outweighs the public interest in the information provided by the documentaries,” a statement issued by SERAP Deputy Director, Kolawole Oluwadare, partly read.

“The documentaries by these independent media houses pose no risk to any definite interest in national security or public order.”

The plaintiffs stated that “It is inconsistent and incompatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of ‘glorifying terrorism and banditry’ as justifications for suppressing access to information of legitimate public interest that does not harm national security.”

It argued that the documentaries by the independent media houses are in the public interest, and punishing the media houses simply for raising public awareness about these issues would have a disproportionate and chilling effect on their work, and on the work of other journalists and Nigerians.

“The action by the NBC and Mr Lai Mohammed is arbitrary, illegal, and unconstitutional, as it is contrary to section 39 of the Nigerian Constitution, and international human rights treaties including the African Charter on Human and Peoples’ Rights, which Nigeria has ratified.”

The suit filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare and Ms Adelanke Aremo read in part: “A fine is a criminal sanction and only the court is empowered by the Constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is unfair, illegal, and unconstitutional.”

“The grounds of ‘glorifying terrorism and banditry’ used as the bases for sanctioning the media houses are entirely contrary to constitutional and international standards on freedom of expression and access to information.”

“Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of Nemo judex in causa sua which literally means one cannot be a judge in his own cause and audi alteram partem which means no one should be condemned unheard.”

“Article 19 (1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information, regardless of frontiers.”

“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals’”

“Although article 19(3) recognizes ‘national security’ as a legitimate aim, the Human Rights Council, the body charged with monitoring implementation of the Covenant, has stressed ‘the need to ensure that the invocation of national security is not used unjustifiably or arbitrarily to restrict the right to freedom of opinion and expression.’”

“The grounds for imposing fines on these independent media houses fail to meet the requirements of legality, necessity, and proportionality.”

“The requirement of necessity also implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘glorifying terrorism and banditry’ and ‘national security’ are not used as a pretext to unduly intrude upon the rights to freedom of expression and access to information.”

The plaintiffs are also seeking the following reliefs:

A Declaration that the act of the Defendants imposing a fine of Five Million Naira each on the independent media houses is unlawful, inconsistent with, and amounts to a breach of the principles of legality, necessity, proportionality, and therefore a violation of the rights to freedom of expression, access to information, and media freedom;

A Declaration that the use of the Broadcasting Code by the NBC to impose sanctions on the independent media houses for an alleged infraction without recourse to the court constitutes an infringement on the provisions of sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999 and Articles 1 and 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights to which Nigeria is a state party;

A Declaration that the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code which are arbitrarily being used by the Defendants to sanction, harass, intimidate and restrict the independent media houses are inconsistent and incompatible with sections 36[1], 39, and 22 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 and are null and void to the extent of their inconsistency and incompatibility;

A Declaration that the Defendants lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license, or any form of punishment whatsoever on the independent media houses for promoting access to diverse opinions and information on issues of public importance;

An Order of Court setting aside of the fine of Five Million Naira imposed by the Defendants, through the 3rd Defendant, each on Trust TV, Multichoice Nigeria Limited, TelCom Satellite Limited (TSTV) and NTA-Startimes Limited for televising the documentary by the British Broadcasting Corporation “BBC Africa Eye” titled “Bandits Warlords of Zamfara”;

An Order of Perpetual Injunction restraining the Defendants or any other authority, persons or group of persons from unlawfully shutting down, imposing fine, suspension, withdrawal of license or doing anything whatsoever to harass and intimidate or impose criminal punishment on the independent media houses or any of Nigeria’s journalists and media houses for promoting access to diverse information on issues of public importance;

And any other order or other order(s) that the Court deems fit to make in the circumstances

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

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Power Outage in Nigeria as National Grid Collapses

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By Aduragbemi Omiyale

Nigeria is currently experience a cut in power supply after the national grid collapsed for the 11th time in 2024.

This is the first time in over a month as the last time the nation witnessed a nationwide shut down in electricity supply was on November 7, 2024.

Before then, the country was experiencing an incessant collapse of the grid, which prompted the federal government to set up a team to address the issue.

However, just when Nigerians were thinking they will not witnessed another national grid collapse in the year, it issue reared its ugly head again.

On Wednesday afternoon, most of the energy distribution companies suffered power outage, prompting them to inform their customers of the situation.

One of the DisCos, Ikeja Electric Plc, in a message to electricity consumers under its franchise area, said, “Please be informed that we experienced a system outage today, December 11, 2024, at about 13:32 hours affecting supply within our network.

“Restoration of supply is ongoing in collaboration with our critical stakeholders. Kindly bear with us.”

Recall that on Tuesday, in a report, Google listed national grid as one of the top trending searches by Nigerians this year.

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NLNG to Replace Vessels in Move Towards Decarbonisation, Sustainability

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By Adedapo Adesanya

The Nigerian LNG Limited (NLNG), which produces Nigeria’s Liquified Natural Gas (LNG) and natural gas liquids (NGLs) for export, is planning to replace all its vessels with modern ships within the next decade.

This was disclosed by Mr Nnamdi Anowi, the General Manager of Production, NLNG, during the World Leaders’ Panel session on Tuesday in Berlin, Germany, as part of the 2024 World LNG Summit and Awards.

Speaking at the event themed “Achieving the Balance Between Energy Security and Decarbonisation,” he said the company which was incorporated in 1989 was making plans to boost its vessels to ensure proper transportation of gas for export.

“We are making significant strides in our shipping operations. Over the next 10 years, we aim to transition from our current steam-powered vessels to modern ships.

“Earlier this year, we took a major step by entering into a long-term chapter of our first modern ship Aktoras, and we are already planning to acquire a second ship next year,” he said.

On the critical issue of net zero emissions, Mr Anowi said that NLNG aspires to achieve net zero emissions by 2040.

According to him, this goal is attainable through implementing a combination of solutions that include operational efficiency, natural sinks/offset projects, carbon capture and storage (CCS), net zero expansion, digital solutions and shipping efficiency.

“Our pathway to net zero aligns with Nigeria’s target of reaching net zero by 2060, while many major players in the industry are aiming for 2050.

“We are actively expanding our initiatives in this area, including several low-carbon projects,” he explained.

Regarding Liquefied Petroleum Gas (LPG), Anowi noted that the company had committed 100 per cent of its LPG production (propane and butane) to the Nigerian market.

He pointed out the urgent need for cleaner energy, citing a report that revealed that not less than 100,000 Nigerians died yearly from smoke inhalation caused by cooking with firewood, predominantly affecting women and children.

“This underscores our commitment to sustainability. It’s important to recognise that about 80 per cent of Africans lack access to cleaner energy.

“When discussing sustainability, we can not overlook the necessity of providing energy to these communities,” he added.

He further elaborated on NLNG’s strategy, stating, “Our objective at Nigeria LNG is to maintain safety, enhance capacity, foster growth, and future-proof our business.

“The recent transformation programme includes a rebranding initiative, evidenced by the unveiling of a new logo and the company’s renewed purpose: providing energy for life’s sustainability.

Mr Anowi also noted that NLNG was working diligently to improve its production capacity from 23 million tons to 30 million tons through its Train 7 Project.

“We are actively engaging with stakeholders and the government to ensure our LNG trains are filled by the end of next year,” he said.

On sustainability, Mr Anowi explained that 75 per cent of NLNG’s emissions result from its operations, with the remaining 25 per cent coming from its shipping activities.

He emphasised the importance of measurement, reduction, avoidance and mitigation strategies in their sustainability efforts.

He said that the company was also exploring CCS opportunities through partnerships with the government and other international oil companies.

“We are in the early stages of CCS implementation, assessing potential reservoirs for this purpose,” he said.

In terms of renewable energy, Anowi said that NLNG was investigating solar power projects at its offices in Abuja and Port Harcourt as part of its broader sustainability initiatives.

“We are committed to abatement efforts and are collaborating with experienced private companies to explore carbon credit opportunities.

“We must balance sustainability with affordability and reliability in energy supply.

“The African region must progress at its own pace, prioritising immediate energy needs before addressing long-term sustainability goals,” he explained.

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National Grid, Mr Ibu Among Top Trending Searches by Nigerians in 2024

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By Dipo Olowookere

Many events happened in 2024 in Nigeria but a few shook the nation because of their impact on residents of the country.

According to a report released by Google, the incessant collapse of the national grip, which plunged the nation into darkness, was among trending searches on its platform.

In the report made available to Business Post on Tuesday, the tech giant said this year’s results show a continued interest in the political and economic landscape, with searches related to the US elections, the new national anthem.

“The 2024 Year in Search offers a unique lens into the questions, interests, and conversations that shaped the lives of Nigerians this year.

“From cultural milestones to pressing concerns, these insights reflect how Search continues to be a valuable tool for users to navigate and better understand their world,” the Communications and Public Affairs Manager for Google West Africa, Taiwo Kola-Ogunlade, stated.

Google’s 2024 Year in Search for Nigeria showcased the most popular searches, notable individuals, actors, musicians, topics, questions, and other subjects that captured Nigerians’ attention in the year.

Google’s Year in Search is an annual analysis that reveals the top trending lists and also spotlights what the world searches to see, learn, and do.

The music scene in 2024 was marked by a surge in popularity for artists like Shallipopi and Khaid, who also featured prominently in the overall personalities list. The top trending song was “”I Don’t Care” by Boy Spyce”, followed closely by “Ozeba” and “Commas” by Ayra”. Nigerians also showed a keen interest in understanding the lyrics of various songs, with “Ogechi lyrics”, “Ozeba lyrics”, and “Omemma by Chandler Moore lyrics” leading the searches in the lyrics category.

This year, Nigerians continued to demonstrate a strong interest in entertainment with movies like “A Tribe Called Judah”, “Treasure In The Sky”, and “Damsel” topping the movie charts. The top TV series that captured the interest of Nigerian netizens included “Supacell”, “My Demon”, and “Queen of Tears”. In the culinary world, Nigerians explored diverse recipes with “Pornstar Martini recipe” leading the searches.

Concerns about personal well-being and global events were also reflected in search trends. Questions like “How much is dollar to naira today?”, “How to get perfectly defined curls for African hair?”, and “Who won the US presidential election?” topped the list of queries. Nigerians were curious about the meaning of words like “demure,” “steeze,” and “pet peeves,” turning to Search for answers.

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