SERAP Sues FG At ECOWAS Court Over NBC Broadcasting Code

by on May 2, 2021

The President Muhammadu Buhari-led administration and National Broadcasting Commission (NBC) have been sued by Socio-Economic Rights and Accountability Project (SERAP) and twenty-four concerned Nigerians, at the ECOWAS Community Court of Justice in Abuja.

In the suit number ECW/CCJ/APP/19/21 and filed last week, SERAP and twenty-four concerned Nigerians are progesting “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.”

The organization 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 applied 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 what the group describes as 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.”

According to the Plaintiffs: “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.

“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 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.

“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.

“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.”

Lawyers Opeyemi Owolabi and Kolawole Oluwadare, filed the suit on behalf of the Plaintiffs.

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