The Nigerian Guild of Editors (NGE) and the Socio-Economic Rights and Accountability Project (SERAP) have asked the Federal High Court in Lagos to restrain the Niger State governor, Umar Bago from shutting down a private radio station, Badeggi FM Radio.
The NGE and SERAP also asked the court to stop the Governor from weaponising the National Broadcasting Commission (NBC) and law enforcement agencies to further target the station and its owner, Shuaibu Badeggi.
Apart from the governor, the other respondent in the case that has yet to be assigned to a judge is the NBC.
The applicants are also praying the court to determine whether the NBC has a legal duty to protect Badeggi FM from the governor’s alleged ongoing intimidation, as outlined in Section 22 of the Nigerian Constitution (1999, as amended) and Section 2(1)(t) of the NBC Act.
They are further seeking a declaration that, based on these provisions, the NBC is responsible for safeguarding Badeggi FM and other broadcasting outlets in Nigeria from threats, intimidation, and harassment.
They also asked the court for an order of perpetual injunction restraining the Niger State governor and NBC from further harassing, intimidating and/or threatening to shut down Badeggi FM radio, revoke its licence and profile the station’s owner.
In an affidavit attached to the suit, NGE and SERAP averred that without the reliefs sought, the governor will continue to threaten, intimidate, and harass the radio station and its owner, potentially using the NBC against them.
They also argued that NBC’s failure to protect Badeggi FM’s independence from executive interference and intimidation violates its statutory duty to uphold fair, independent, and lawful broadcasting practices in Nigeria.
The applicants also submitted that alleged intimidation by Governor Bago and threats to revoke the station’s license, demolish its premises, and profile its owner are unlawful violations of the rights to freedom of expression, access to information, and media freedom.
They further maintained that the allegations of inciting violence against Badeggi FM and its owner are vague, unfounded, and made to silence the station.
They emphasised that the media plays a vital role in exercising freedom of expression and information in a democratic society.
The applicants stated that intimidating, harassing, and silencing critical voices under the guise of vague national security concerns amount to serious breach of the Nigerian Constitution and Nigeria’s international human rights obligations.
NGE and SERAP further argued that Badeggi FM and its owners’ intimidation and harassment could discourage media participation in critical debates as the country approaches the 2027 general elections.
They claimed that the ongoing intimidation harms democracy by restricting free debate over ideas and opinions, and that media outlets in Niger State should be able to discuss issues of public interest freely without fear of reprisals.
They insisted that Bago and the NBC must respect and uphold their constitutional and statutory duties to ensure journalists and media houses, like Badeggi FM, can operate without fear and fulfil their roles in informing the public.
The applicants also stated that there is significant public interest in the press’s ability to gather and share information for performing its watchdog function and that any restrictions on freedom of expression and media freedom must be legally justified and necessary to protect legitimate aims.
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