SERAP To FG: Obey Judgement Halting NBC’s Sanctions On Broadcast Stations

Socio-Economic Rights and Accountability Project (SERAP) has urged the federal government to enforce the judgement of the Federal High Court in Lagos, which barred the National Broadcasting Commission (NBC) from imposing fines on broadcast stations and other independent media houses in the country.

SERAP also asked NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgement delivered by Justice Nicholas Oweibo on June 13, 2024.

Justice Oweibo had, in the judgement, declared that NBC and its agents lack the legal power and authority to impose penalties unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance.

The judge made the declaration while delivering judgement in the suit filed by SERAP and the Centre for Journalism Innovation and Development (CJID) in 2022.

The two civil society organisations had approached the court following NBC’s decision to fine Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited N5 million each for their documentaries on terrorism in the country.

The commission had argued that the documentaries “glorify the activities of bandits, undermine national security in Nigeria, and contravene the provisions of the Nigeria Broadcasting Code.”

It also challenged the court’s jurisdiction to hear the suit, arguing that the plaintiffs lacked the locus standi to institute the case.

But in the judgement, Justice Oweibo dismissed the argument, stating that SERAP and CJID have the locus standi because they have sufficiently demonstrated their interest in the matter.

The judge held, “The issue of the locus standi of SERAP and CJID need to be resolved first as a threshold issue. It is trite that the statement of claim must disclose the plaintiff’s interest sufficient to clothe them with the requisite capacity to sue.

“Looking at the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009 and particularly the preambles to the Rules, the general requirement of locus standi has been done away with. SERAP and CJID are not meddlesome interlopers.

“I have looked at the affidavit in support of the suit, which in this case stands in place of a Statement of Claim; considering the core mandates of SERAP and CJID and the affidavit in support of their suit, it is to be seen that this is a public interest case.

“This is an action alleging breach of the fundamental rights of SERAP and CJID to freedom of expression, access to information and media freedom and fair hearing guaranteed under sections 22, 36 and 39 of the Nigerian Constitution 1999 (as amended),” the court held.

The judge also granted the following reliefs: “A declaration is hereby made that the defendants’ act of 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, and proportionality and, therefore, a violation of the rights to freedom of expression, access to information, and media freedom.

“A declaration is hereby made that the use of the Broadcasting Code by the NBC to impose sanctions on independent media houses for alleged infractions 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 is hereby made that the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code, which the Defendants are arbitrarily using 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 is hereby made 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 the court is hereby made setting aside 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 is hereby made 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.