The Socio-Economic Rights and Accountability Project (SERAP) has asked a Federal High Court in Lagos to reverse the ban placed on Eedris Abdulkareem’s song, ‘Tell Your Papa’ by the National Broadcasting Commission (NBC).
SERAP is urging the court to declare that NBC’s directive issued on April 9, 2025, to all broadcast stations in Nigeria, banning the airing of the song, as unlawful and violates the rights to freedom of expression, access to information, and media freedom.
The organisation, in the suit that has yet to be assigned to a judge, is also seeking a perpetual injunction to restrain NBC, either jointly or separately, or any other authority, person, or group, from preventing the airing of Abdulkareem’s song on all broadcast stations and similar media platforms in Nigeria.
In an affidavit attached to the suit, SERAP argued that banning the song is inconsistent with the rights to freedom of expression, access to information, and media freedom.
SERAP further stated that NBC is censoring music under the guise of “protecting public decency.” They contend that public decency should not be used as a pretext for banning Abdulkareem’s song and suppressing peaceful dissent.
The plaintiff maintained that freedom of expression is a fundamental aspect of a democratic society and extends to information or ideas that may offend, shock, or disturb, particularly in political discourse and commentary on public affairs.
The organisation also claimed that NBC has not demonstrated that the song poses a specific risk of harm that outweighs the public’s interest in the information it provides.
SERAP stated, “Section 3.1.8 of the Nigeria Broadcasting Code is extensive and intrusive, infringing on the fundamental rights of freedom of expression, access to information, and media freedom.
“All individuals enjoy the rights to freedom of expression and creativity, as well as the enjoyment of the arts. The ban on Eedris’ song fails to meet the requirements of legality, necessity, and proportionality,” they argued.
“The necessity requirement also entails assessing the proportionality of the reasons given, ensuring that claims of ‘objectionable nature’ and ‘public decency’ are not used as a pretext to censor Eedris’ song and unduly infringe upon Nigerians’ human rights.
“All expressions, artistic or otherwise, are protected under the right to freedom of expression. The NBC directive contradicts and undermines the right to freedom of artistic expression and creativity,” SERAP emphasised.
It further stressed that art is vital for individuals and communities to express their humanity, adding that while artists entertain, they contribute to social debates, providing counterarguments and potential checks on existing power dynamics.
“The vitality of artistic creativity is essential for the functioning of democratic societies. Banning or removing creative expressions from public access restricts artistic freedom.
“It is inconsistent with the Nigerian Constitution of 1999 [as amended] and international human rights obligations to use vague and overly broad justifications like ‘objectionable nature’ and ‘public decency’ to ban Eedris’ song.
“The NBC’s action is arbitrary, illegal, and unconstitutional, violating section 39 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, of which Nigeria is a signatory.
“Media freedom and plurality are crucial for effectively exercising freedom of expression. The media plays a vital role as a ‘public watchdog’ in conveying information of significant public concern and should not be hindered or intimidated from fulfilling this role.
“While the media may be subject to certain restrictions for the protection of vital state interests, such as national security or public health, it must retain its ability to operate freely,” SERAP stated.
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