Court stops Buhari, NBC from shutting down 53 broadcast stations
Trial judge, Justice Akintayo Aluko on Monday, granted an order of interim injunction following the hearing of an
argument on motion exparte by Socio-Economic Rights and Accountability Project, SERAP, and Nigerian Guild of Editors, NGE.
SERAP and NGE had last week filed a lawsuit
against Buhari and NBC, asking the court for “a declaration that section 10(a)
of the Third Schedule to the NBC Act used by NBC to threaten to revoke the
licenses of 53 broadcast stations and to shut down the stations is
unconstitutional and unlawful, as it violates freedom of expression.”
In the suit, SERAP and NGE had asked the
court for “an order of interim injunction restraining Buhari and NBC, their
agents from revoking the licenses of 53 broadcast stations in the country and
shutting their down operations, pending the hearing and determination of the
motion on notice filed contemporaneously in this suit.”
The suit is adjourned to September 8,
2022, for the hearing of the motion on notice for interlocutory injunction.
The suit followed the decision by the NBC
to revoke the licenses of the 53 broadcast stations and shut down their
operations within 24 hours over alleged N2.6 billion debt.
In the suit number FHC/L/CS/1582/2022,
SERAP and NGE are asking the court to determine “whether section 10(a) of the
Third Schedule to the NBC Act used by NBC to threaten revoke the licenses of 53
broadcast stations and shut them down is not in inconsistent with freedom of
expression and access to information.”
SERAP and NGE are also seeking “a
declaration that section 10(a) of the National Broadcasting Act used by NBC to
unilaterally revoke the licenses of the broadcast stations and shutdown the
stations is a violation of the constitutionally and internationally guaranteed
right to fair hearing.”
The suit, read in part: “The provisions of
the Nigerian Constitution and human rights treaties on freedom of expression
indicate that this right can be exercised through any medium.
“Effectively, these provisions recognize
that every individual has the right to an equal opportunity to receive, seek
and impart information through any communication medium without
discrimination.
“The use of NBC Act and Code in this case
would inadmissibly open the door to arbitrariness and would fundamentally
restrict the freedom of expression that is an integral part of the public order
protected the Nigerian Constitution and human rights treaties to which Nigeria
is a state party.
“The media plays an essential role as a
vehicle or instrument for the exercise of freedom of expression and information
– in its individual and collective aspects – in a democratic society.
“Indeed, the media has the task of
distributing all varieties of information and opinion on matters of general
interest.
“The public has a right to receive and
assess this information and opinion independently. Therefore, the existence of
a free, independent, vigorous, pluralistic, and diverse media is essential for
the proper functioning of a democratic society.”
“According to the Declaration of Principles
on Freedom of Expression in Africa adopted by the African Commission on Human
and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in
broadcasting. Any registration system for the media shall not impose
substantive restrictions on the right to freedom of expression.’
“Revoking the licenses of 53 broadcast
stations and shutting down their operations because they have not renewed their
licenses would both seriously undermine the rights of millions of Nigerians to
express their thoughts, and their right to seek, receive, and impart
information and ideas of all kinds, in any medium they choose.
“Freedom of expression includes the
public's right to receive, and the right of those who express themselves
through a medium of communication, to impart the greatest possible diversity of
information and ideas.
“The right to freedom of expression is
based on the right to establish or use a media outlet to exercise freedom of expression
and on society's right to have access to a free, independent, and pluralistic
media that allows for the most and most diverse information.
“The media, including the affected 53
broadcast stations, serve to distribute Nigerians’ thoughts and information
while at the same time allowing them access to the ideas, information,
opinions, and cultural expressions of other individuals.
“The exercise of the right to freedom of
expression through the media is a guarantee that is fundamental for advancing the
collective deliberative process on public and democratic issues.
“Therefore, the strengthening of the
guarantee of freedom of expression is a precondition for the exercise of other
human rights, as well as a precondition to the right to participation to be
informed and reasoned.
“The media including the affected 53
broadcast stations play an essential role, as they allow millions of Nigerians
to access both the relevant information and a variety of perspectives that are
necessary for reaching reasonable and informed conclusions on matters of public
interest.
“The Plaintiffs recognize the mandates of
NBC to regulate broadcasting. However, the exercise of such mandates including
renewals or revocation of licenses must follow the thresholds and guidelines
set by the right to freedom of expression.
“The free circulation of ideas and news is
not possible except in the context of a plurality of sources of information and
media outlets. The lack of plurality in sources of information is a serious
obstacle for the functioning of democracy.
“The NBC Act and Broadcasting Code cannot
and should not be used in a manner that is inconsistent and incompatible with
plurality of voices, diversity of voices, non-discrimination, and just demands
of a democratic society, as well as the public interest.
“Broadcasting is a means of exercising
freedom of expression. Any restrictions on freedom of expression must meet the
requirements of legality, necessity, and proportionality.
“The regulation of broadcasting must aspire
to promote and expand the scope of the right to freedom of expression, not
restrict it.”
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