August 24, (THEWILL) – The Nigerian Guild of Editors (NGE) and the Socio-Economic Rights and Accountability Project (SERAP), have dragged President Muhammadu Buhari and the National Broadcasting Commission (NBC), before the Federal High Court, Lagos, over arbitrary use of the NBC Act and broadcasting code to threaten, revoke and shut down 53 broadcast stations.
Joined in the suit as Defendant is the Minister of Information and Culture, Alhaji Lai Mohammed.
The NBC had last week revoked the licences of the 53 broadcast stations and threatened to shut down their operations within 24 hours over alleged N2.6 billion debts.
The regulatory body of broadcast stations in a statement last week asked the stations “to pay all outstanding licence fees on or before August 23, 2022, or shut down by 12 am on August 24.”
In the suit number FHC/L/CS/1582/2022, filed on Tuesday, at the Federal High Court, Lagos, the NGE and SERAP asked the court to determine whether Section 10(a) of the Third Schedule to the National Broadcasting Act used by NBC to threaten, revoke the licences of 53 broadcast stations and shut them down is not inconsistent and incompatible with freedom of expression and access to information as contained in the 1999 Constitution, as amended.
According to a statement jointly signed by the General Secretary of the NGE, Iyobosa Uwugiaren and the Deputy Director, SERAP, Kolawole Oluwadare, the two groups asked the court for a declaration that Section 10(a) of the Third Schedule to the National Broadcasting Act used by the NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the broadcast stations is unconstitutional and unlawful, as it violates the freedom of expression.
The Plaintiffs are also seeking an order of interim injunction restraining them, their agents or privies from revoking the licences of 53 broadcast stations in the country and shutting down their operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.
“Effectively, these provisions recognise 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 the NBC 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”, NGE and SERAP contended.
They are, therefore, seeking among other things; “An order compelling the President to direct NBC and the Minister to withdraw the revocation orders in compliance with the provisions of section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.”
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