Socio-Economic Rights and Accountability Project and 24 concerned Nigerians have sued the regime of the President, Major General Muhammadu Buhari (retd.), and the National Broadcasting Commission at the ECOWAS Community Court of Justice in Abuja.<\/p>\n
SERAP said the suit is over \u201cthe arbitrary use of the NBC Act and broadcasting code to target, harass, sanction, and fine independent television and radio stations in Nigeria, and to restrict Nigerians\u2019 freedom of expression and access to information.\u201d<\/p>\n
The rights group is asking the ECOWAS Court to declare \u201cillegal and contrary to Nigeria\u2019s international human rights obligations the provisions of the NBC Act and broadcasting code frequently apply by the Federal Government and NBC to target, harass, intimidate, and impose sanctions on independent television and radio stations in the country.\u201d<\/p>\n
The suit is coming in the wake of the \u201c\u2018bridge [breach] letter\u2019 by the NBC asking Channels TV to explain why it interviewed the spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos for playing songs such as Falz\u2019s \u2018This is Nigeria\u2019, Wande Coal\u2019s \u2018Iskaba\u2019 and Olamide\u2019s \u2018See Mary, See Jesus\u2019; and the N9m fines imposed on Channels TV, AIT and Arise TV [N3m each] over their coverage of the #EndSARS protests.\u201d<\/p>\n
In the suit number ECW\/CCJ\/APP\/19\/21 and filed last week, the Plaintiffs are arguing that \u201cthe rights to freedom of expression, access to information and media freedom allow Nigerians to seek and attain truth, which is an inherently good activity. These rights also allow Nigerians to participate in representative governance, social and political decision-making, which the Federal Government and NBC are obligated to foster and encourage.\u201d<\/p>\n
According to the Plaintiffs, \u201cAttempts to justify restrictions on these fundamental rights and freedom on the overly vague grounds of incitement, morality and subversion of the constituted authority contradict the principles of the universality of human rights. Freedom of Expression is a fundamental human right and cannot be denied without lawful justification.\u201d<\/p>\n
The Plaintiffs are also arguing that \u201cthe application of the Nigerian Broadcasting Act 1992 and broadcasting code to sanction independent television and radio stations is arbitrary, and has created an environment in which independent media houses are censored, or resort to self-censorship.<\/p>\n
\u201cThe Federal Government and NBC should be stopped from using the broadcasting code or any other regulations and\/or law to erode the sacred rights to freedom of expression, information and media freedom, which is the bedrock of the rule of law and sustainable democracy.”<\/p>\n
The Plaintiffs are therefore asking the ECOWAS Court of Justice for the following reliefs:<\/p>\n
\u201cA DECLARATION that the application of the provisions of the National Broadcasting Commission Act 1992 and the Nigeria Broadcasting Code by the Defendant and its agent to impose sanctions and penalties on independent television and radio stations is inconsistent and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under Article 9 of the African Charter on Human and Peoples\u2019 Rights and Article 19 of the International Covenant on Civil and Political Rights.<\/p>\n
\u201cAN ORDER setting aside the sum of Five Million Naira or any other form of penal sanction unilaterally imposed by the Defendant and its agent on Channels TV and\/or on any such other television and radio stations.<\/p>\n
\u201cAN ORDER directing the Defendant and its agents to immediately repeal and\/or amend the National Broadcasting Commission Act and the Nigerian Broadcasting Code and bring them into conformity with Nigeria\u2019s international human rights obligations.<\/p>\n
\u201cAN ORDER OF PERPETUAL INJUNCTION restraining the Defendant and its agents from unlawfully imposing sanctions fines or doing anything whatsoever to harass Channels TV and any other television and radio stations in violation of the African Charter on Human and Peoples\u2019 Rights and the International Covenant on Civil and Political Rights<\/p>\n
\u201cSUCH FURTHER order or orders the Honorable Court may deem fit to make in the circumstances of this suit.\u201d<\/p>\n
SERAP said no date has been fixed for the hearing of the suit.<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project and 24 concerned Nigerians have sued the regime of the President, Major General Muhammadu Buhari (retd.), and the National Broadcasting Commission at the ECOWAS Community…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-80242","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n