By Adedapo Adesanya
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari and the National Broadcasting Commission (NBC).
The organisation explained that the suit was for “the arbitrary use of the NBC Act and broadcasting code to sanction and threaten to revoke the licences of broadcast stations in the country and shut them down over their legitimate coverage of the 2023 general elections.”
Joined in the suit as the defendant is the Minister of Information and Culture, Mr Lai Mohammed.
The NBC had last week reportedly sanctioned 25 broadcast stations and issued ‘final warnings’ to 16 others for allegedly violating provisions of the Nigeria Broadcasting Code during the February 25, 2023, presidential and National Assembly elections.
But in the suit number FHC/L/CS/469/2023 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine “whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others was not in inconsistent and incompatible with freedom of expression, access to information and media freedom.”
SERAP is asking the court for “a declaration that the sanctioning of some broadcast stations and threat by the NBC to revoke the licences and shut down other stations for their lawful coverage of the general elections is unconstitutional and unlawful, as it violates freedom of expression, access to information and media freedom.”
SERAP is seeking “an order of interim injunction restraining President Buhari, NBC and Mr Mohammed from threatening and sanctioning broadcast stations in the country simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.
In the suit, SERAP argued that: “It is a travesty of justice to punish and threaten broadcast stations seeking to promote election integrity and citizens’ engagement and participation while allowing perpetrators of electoral violence and grave human rights violations escape accountability for their alleged crimes.”
According to SERAP, “Rather than promptly investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations.”
SERAP noted that “the use of NBC Act and Code in this case would open the door to arbitrariness and fundamentally restrict freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”
The suit filed on behalf of SERAP by its lawyers, Mr Kolawole Oluwadare, Ms Adelanke Aremo, and Ms Valentina Adegoke, pointed out that, “The sanction, ‘last warning’ and threat by the NBC would seem not to meet the strict requirements of the Nigerian Constitution and the country’s international human rights obligations. In particular, it is unclear the scope or object of what these wordings seek to prohibit.”
“Under the constitutional and international requirement of legality, it is not enough that restrictions on freedom of expression, access to information and media freedom are formally stated in press releases and regulations.
“The requirement of legality also serves to define the scope of legal discretion conferred on implementing authorities in order to provide adequate protection against arbitrary implementation,” it added.
No date has been fixed for the hearing of the suit.
