Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal High Court in Lagos to restrain the federal government from shutting down broadcast stations in Nigeria over their coverage of the 2023 general elections.
SERAP asked the court for an order of perpetual injunction restraining President Muhammadu Buhari and the National Broadcasting Commission (NBC), whether jointly or severally or any other authority, person or group of persons from unilaterally sanctioning and threatening to revoke the licences of any broadcast stations and shutting down the stations on the grounds of covering the 2023 general elections.
Also joined in the suit, which is yet to be assigned to a judge, as defendant is the minister of information and culture, Alhaji Lai Mohammed.
The civil society organisation is also praying the court to determine whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others is not inconsistent and incompatible with freedom of expression, access to information and media freedom.
The organisation further urged the court for an order of interim injunction restraining President Buhari, the NBC and 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.
SERAP also wants the court to declare that the arbitrary action by NBC to sanction some broadcast stations and threaten to revoke the licences of others and shut them down for covering the general elections is a violation of section 39 of the Nigerian Constitution 1999 (as amended), and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
In an affidavit attached to the suit, SERAP averred 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.
The applicant also submitted that 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 contended 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 organisation further argued that, “the media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in a democratic society.
“The NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom on those charged with their implementation.
“The sanctioning of some broadcast stations and threat by the NBC to revoke the licences of others and shut them down is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.
“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to sanction and threaten to broadcast stations is inconsistent and incompatible with human rights requirements.
“The Nigerian Constitution and human rights treaties impose legal obligations on the Nigerian government to refrain from imposing restrictions which are not consistent with human rights requirements, including on discussion of political and election-related issues.
“It is also inconsistent with constitutional and international human rights requirements to sanction and threaten broadcast stations solely for their coverage of the issues around the general elections on the basis of vague phrases such as ‘unguarded statements’, and ‘negative conversations’ used by the NBC,” SERAP said.
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