Socio-Economic Rights and Accountability Project (SERAP), 261 concerned
\nNigerians, civil society and media groups have filed a lawsuit against
\nthe National Broadcasting Commission [NBC] and Minister of Information
\nand Culture, Mr Lai Mohammed, asking the court to “declare arbitrary,
\nillegal, and unconstitutional the N9m fines imposed on Channels, AIT and
\nArise TV [N3m each] over their coverage of the #EndSARS protests, and to
\nstop the NBC from collecting the money.”<\/p>\n
The co-plaintiffs in the suit are 255 concerned Nigerians; Premium Times
\nServices Limited; Centre for Journalism Innovation and Development; HEDA
\nResource Centre; International Centre for Investigative Reporting;
\nAfrican Centre for Media and Information Literacy; and Media Rights
\nAgenda.<\/p>\n
The acting Director-General of the NBC, Prof. Armstrong Idachaba, who is
\njoined in the suit as Defendant, had last week announced fines of N9
\nmillion on Channels, AIT, and Arise TV for purported “unprofessional
\ncoverage” of the #EndSARS protests across the country.<\/p>\n
But in the suit number FHC\/ABJ\/CS\/1436\/2020 filed last Friday at the
\nFederal High Court, Abuja, the Plaintiffs are seeking: “an order setting
\naside the arbitrary, illegal and unconstitutional fines of N9 million
\nand any other penal sanction unilaterally imposed by the NBC and Mr Lai
\nMohammed on Channels, AIT and Arise TV, and on any other
\nradio\/television stations simply for carrying out their professional and
\nconstitutional duties.”<\/p>\n
The Plaintiffs are arguing that: “Section (2)(n) of the NBC Act and the
\nBroadcasting Code are oppressive, and clearly inconsistent with the
\nNigerian Constitution and the country’s international obligations. If
\nthe NBC and Mr Lai Mohammed are allowed to continue to use these
\noppressive provisions against independent media in the guise of
\nperforming their statutory duties, the end result will be
\nauthoritarianism and denial of freedom and liberty.”<\/p>\n
According to the Plaintiffs: “The NBC and Mr Lai Mohammed have
\nconsistently used broadcasting codes to suppress the watchdog roles of
\nindependent media, and to violate Nigerians’ human rights, including the
\nrights to freedom of expression, to disseminate and receive information,
\nand hold their government and public officials to account.”<\/p>\n
The Plaintiffs said: “The action by the NBC and Mr Lai Mohammed is
\narbitrary, illegal and unconstitutional, as it is contrary to section 39
\nof the Nigerian Constitution, Article 9 of the African Charter on Human
\nand Peoples’ Rights and Article 19 of the International Covenant on
\nCivil and Political Rights, which Nigeria has ratified. Their action is
\napparently aimed to clampdown on media freedom and Nigerians’ human
\nrights.”<\/p>\n
The Plaintiffs are also seeking “an order setting aside the fine of N5
\nmillion and any other penal sanction unilaterally imposed by the NBC and
\nMr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out
\nits professional and constitutional duties.”<\/p>\n
The suit filed on behalf of the Plaintiffs by their lawyers Kolawole
\nOluwadare, Adelanke Aremo and Opeyemi Owolabi, read in part: “A fine is
\na criminal sanction and only the court is empowered by the Constitution
\nto impose it. Fine imposed by regulatory agencies like the NBC without
\nrecourse to the courts is illegal, unconstitutional and offends the
\nsacred principles of natural justice and fairness.”<\/p>\n
“It is the duty of the government to allow the legal and judicial powers
\nof the state to function properly. Imposing any fine whatsoever without
\ndue process of law is arbitrary, as it contravenes the principles of
\nnemo judex in causa sua which literally means one cannot be a judge in
\nhis own cause and audi alteram partem which literally means no one
\nshould be condemned unheard.”<\/p>\n
“The NBC, being a regulatory body, is not empowered by law to act as the
\nprosecutor and the judge; all at the same time. We humbly urge the court
\nto set aside the unlawful and unconstitutional fines imposed on
\nindependent media houses, and to uphold the sanctity of the Nigerian
\nConstitution, Nigerians’ human rights, media freedom, and the rule of
\nlaw.”<\/p>\n
“The Constitution is the ground norm and the fundamental law of the
\nland. All other laws including the NBC Act and any associated codes take
\ntheir hierarchy from the provisions of the Constitution.”<\/p>\n
The Plaintiffs are also seeking the following reliefs:<\/p>\n
A DECLARATION that section 2[n] of the NBC Act and Broadcasting Code
\nused by the NBC and Mr Lai Mohammed to impose fines, sanctions and any
\nother penalties on television, radio and on-line broadcast stations and
\nmedia houses are draconian, inconsistent, and incompatible with the
\nright to freedom of expression, access to information, and media freedom
\nguaranteed under sections 22 and 39 of the Constitution of Nigeria 1999
\n[as amended], Article 9 of the African Charter on Human and Peoples’
\nRights, and Article 19 of the International Covenant on Civil and
\nPolitical Rights;
\nA DECLARATION that the action of the NBC and Mr Lai Mohammed in relying
\non section 2[n] of the NBC Act and Broadcasting Code to unilaterally
\nimpose punishments such as fines and other sanctions on television,
\nradio and on-line broadcast stations and media houses without recourse
\nto the court violates sections 6[1] & [6][b] and 36[1] of the
\nConstitution of Nigeria 1999;
\nA DECLARATION that section 2[n] of the NBC Act and the Broadcasting
\nCode, being inconsistent and incompatible with sections 22, 36[1], and
\n39 of the Constitution of Nigeria, Article 9 of the African Charter on
\nHuman and Peoples’ Rights and Article 19 of the International Covenant
\non Civil and Political Rights, are null and void to the extent of their
\ninconsistency and incompatibility;
\nA DECLARATION that the fine of N3m each imposed on Channels, AIT, and
\nArise TV by the NBC and Mr Lai Mohammed for their coverage of the
\n#ENDSARS protests violates the right to freedom of expression, access to
\ninformation and media freedom guaranteed under sections 22 and 39 of the
\nConstitution of Nigeria 1999, Article 9 of the African Charter on Human
\nand Peoples’ Rights and Article 19 of the International Covenant on
\nCivil and Political Rights and therefore null and void;
\nA DECLARATION that the fine of N3m each imposed by NBC and Mr Lai
\nMohammed on Channels, AIT and Arise TV for their coverage of the
\n#ENDSARS protests without giving the affected media houses the
\nopportunity to respond to the allegations leveled against them and
\nrecourse to the court violates sections 6[1] & [6][b] and 36[1] of the
\nConstitution of Nigeria 1999 and therefore null and void;
\nA DECLARATION that the action by the NBC and Mr Lai Mohammed to
\nunilaterally impose the fine of N5m on Nigeria Info 99.3 FM without
\ngiving the radio station the opportunity to respond to the allegations
\nleveled against it violates the right to fair hearing, enshrined in
\nsection 36 of the Constitution of Nigeria 1999, and therefore null and
\nvoid;
\nAN ORDER OF PERPETUAL INJUNCTION restraining the NBC and Mr Lai Mohammed
\nfrom imposing fines or doing anything whatsoever to harass Channels,
\nAIT, and Arise TV and any other radio and television broadcast stations,
\nin violation of the section 6[1] & [6][b], 22, 36[1], and 39 of the
\nConstitution of Nigeria 1999, Article 9 of the African Charter of the on
\nHuman and Peoples’ Rights and Article 19 of the International Covenant
\non Civil and Political Rights<\/p>\n
No date has been fixed for the hearing of the suit<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP), 261 concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission [NBC] and Minister of Information and Culture,…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-76700","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n