Socio-Economic Rights and Accountability Project (SERAP) has sent an
open letter to President Muhammadu Buhari urging him to “urgently
instruct Mr. Lai Mohammed, Minister of Information and Culture, and the
National Broadcasting Commission (NBC) to withdraw the apparently
illegal Broadcasting Code and Memo threatening to sanction any broadcast
that denigrates, disrespects, insults, and abuses president, governors,
lawmakers, and other elders and leaders in authority.”
SERAP also asked President Buhari to “instruct Mr. Mohammed and the NBC
to immediately rescind the fine of N5m imposed on Nigeria Info 99.3 FM
radio station, following reported comments by a former Deputy Governor
of the Central Bank of Nigeria, Obadiah Malafia, during an interview
with the station.”
The NBC last week reportedly issued a stern warning to journalists and
broadcast stations, stating: “To denigrate our governors, lawmakers,
elders and leaders in abusive terms is not our culture. We respect our
leaders as a positive cultural value. The Commission may be compelled to
impose sanctions where stations fail to curb this practice.”
In the letter dated 15 August 2020 and signed by SERAP deputy director
Kolawole Oluwadare, the organization said: “Rather than pushing to
enforce a culture to respect president, governors, lawmakers, elders,
and other leaders, Mr Muhammed and the NBC should use their entrusted
public office and mandates to promote a culture of public debate, access
to information, transparency and accountability in government.”
According to SERAP: “nothing can be more destructive to people’s
exercise of basic human rights, and to democratic politics than the
suppression of the media, and media freedom. The alleged ‘cultural
codes’, which Mr Muhammed and the NBC are now using to punish
journalists, broadcast stations and other Nigerians are patently
contrary to the public interests.”
SERAP said: “the implementation of the code and the memo would further
deter meaningful citizens’ engagement, and have a chilling effect on
Nigerians’ human rights, particularly the rights to freedom of
expression and access to information, undermine the idea of
representative democracy, as well as make public officials less
responsive to the people.”
The letter, a copy of which was sent to Mr Lai Muhammed, read in part:
“We would be grateful if the requested action and measures are taken
within 7 days of the receipt and/or publication of this letter. If we
have not heard from you by then that the measures have been taken, the
Registered Trustees of SERAP shall take all appropriate legal actions to
compel you to do so in the public interest.”
“Our requests are entirely consistent and compatible with the Nigerian
Constitution of 1999 (as amended), and the country’s international legal
obligations, including under the UN Convention against Corruption, the
International Covenant on Civil and Political Rights, and the African
Charter on Human and Peoples’ Rights, to which the country is a state
party.”
“SERAP is seriously concerned that the implementation of the code and
the memo would lead to unjust punishment and self-censorship among
journalists and the media, and exacerbate the growing level of impunity
for attacks on media freedom.”
“Self-censorship would undermine media freedom and the right to receive
and impart information, public debate and further impair the ability of
Nigerians to hold to account public officials and politicians accused of
grand corruption.”
“SERAP is concerned that the action by Mr Muhammed and NBC has further
undermined public trust in government and politicians, as it shows that
public officials are taking for granted their entrusted public
functions, and accountability to Nigerians.”
“The speed at which the code and the memo have been issued and applied
may lead to public suspicion that the authorities are deliberately
pushing to undermine the ability of journalists and the media to report
on public interest issues, such as the growing poverty, widespread
violence and killings, poor quality education, poor infrastructure and
lack of access of millions of Nigerians to basic public goods and
services.”
“SERAP is concerned that rather than addressing these matters of public
interest and revelations of massive allegations of corruption and
mismanagement in ministries, departments and agencies (MDAs), your
government is devoting time and energy to stop the media and journalists
from reporting on the issues.”
“Transparency would build trust and confidence in the government. The
public interest in transparency and public monitoring of the use and
management of the country’s natural wealth and resources by politicians
outweighs any perceived cultural injunctions of ‘respect for president,
governors, lawmakers and other leaders.'”
“Transparency will mean little without media freedom, which is important
to shine a light into government activities and bring matters to the
attention of the public. Public debate and access to information would
promote a culture of transparency, and accountability, which in turn
would facilitate Nigerians’ right to participate in their own
government.”
“In a truly representative democracy that Nigeria is striving to become,
those who venture into public life, whether in the capacity of
president, governor, or lawmakers, must expect to have their
constitutional and public functions subjected to scrutiny and public
discussion.”
“By allowing journalists and the media to freely and independently
perform their roles of informing the public, Nigerians will be able to
monitor and keep politicians on a tighter leash, which will contribute
to good government.”
“The code and the memo are illegal, unconstitutional and amount to a
misuse of public office insofar as they blatantly fail to follow due
process of law, meet basic constitutional and international fair trial
standards, and a strict three-part test of legality, necessity and
proportionality.”
“According to the UN Human Rights Committee, the free communication of
information and ideas about public and political issues between
citizens, candidates and elected representatives is essential. This
implies a free press and other media able to comment on public issues
without censorship or restraint and to inform public opinion.”
“Similarly, the European Court of Human Rights has repeatedly held that
freedom of expression constitutes one of the essential foundations of a
democratic society. It is applicable not only to information or ideas
that are favourably received or regarded as inoffensive or as a matter
of indifference, but also to those that offend, shock or disturb the
State or any sector of the population.”
“According to our information, the NBC on Thursday 13 August, 2020
reportedly sent a ‘memo’ to journalists and broadcasters threatening to
‘sanction and punish them if they violate a culture stopping them from
denigrating, disrespecting, insulting, and abusing president, governors,
lawmakers, and other elders and leaders in authority.'”
“In the memo reportedly signed by Mr Chibuike Ogwumike, Zonal Director
of the NBC Lagos office, the NBC cited the provisions of the
Broadcasting Code: Section 3.1, Professional Rules: 3.1.1, and
Broadcasting Code: 3.1.19 to justify the existence of such culture to
respect public officials and other elders and leaders in authority in
the country.”
SERAP therefore urged Mr Buhari to urgently:
1. Instruct the Mr Lai Muhammed and the NBC to immediately withdraw
the code and memo to journalists and broadcasters threatening to
sanction and punish them on the basis of cultural codes prohibiting them
from denigrating, disrespecting, insulting and abusing president,
governors, lawmakers, and other elders and leaders in authority;
2. Instruct Mr Lai Muhammed and the NBC to immediately rescind the
apparently illegal fine of N5m imposed on Nigeria Info 99.3 FM radio
station;
3. Propose and promote rules and codes that would ensure a culture
of public accountability, prevent grand corruption, curtail abuse of
power by public officials and politicians, as well as improve a
democratic relationship and engagement between citizens and the
government;
4. Publicly commit to enforce constitutional and international
human rights of journalists and the media and all Nigerians, and to
faithfully fulfil your constitutional oath of office;
5. Publicly commit to restore public trust in government, and to
respect and protect the constitutional rights of journalists and the
media to report on allegations of corruption and other socio-economic
challenges confronting the country