Following the imposition of N9 million fines on Channels TV, Arise TV and AIT, the Socio-Economic Rights and Accountability Project (SERAP) and 261 others have slammed a suit against the National Broadcasting Commission (NBC).
Joined in the suit are the Minister of Information and Culture, Alhaji Lai Mohammed and Prof. Armstrong Idachaba, the Acting Director-General of NBC.
In league with SERAP as plaintiffs are 261 concerned Nigerians, civil society and media groups.
They include some 255 concerned Nigerians, Premium Times Services Limited, Centre for Journalism Innovation and Development, HEDA Resource Centre, International Centre for Investigative Reporting, African Centre for Media and Information Literacy and Media Rights Agenda.
They are challenging the power of NBC to fine erring TV and radio stations, without recourse to court.
The litigants are asking the court to declare as arbitrary, illegal, and unconstitutional the N3 million fine each imposed on Channels, AIT and Arise TV for their coverage of the #EndSARS protests.
They are also asking the court to stop the NBC from collecting the money.
Persecondnews recalls that Idachaba, a defendant, had last week announced fines of N9 million on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.
In the suit filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking among others an order setting aside the arbitrary, illegal and unconstitutional fines of N9 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.
They stated: “Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian Constitution and the country’s international obligations.
“If the NBC and Mr Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.
“The NBC and Mr Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.
“The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified.
“Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.
“An order setting aside the fine of N5 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.”
The suit was filed on behalf of the Plaintiffs by their lawyers — Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi.
“A fine is a criminal sanction and only the court is empowered by the Constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.
“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of nemo judex in causa sua which literally means one cannot be a judge in his own cause and audi alteram partem which literally means no one should be condemned unheard.
“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time.
“We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian Constitution, Nigerians’ human rights, media freedom, and the rule of law.
“The Constitution is the grundnorm and the fundamental law of the land. All other laws including the NBC Act and any associated codes take their hierarchy from the provisions of the Constitution,” they said in a statement made available to Persecondnews.
The plaintiffs also want the following reliefs:
*A declaration that section 2[n] of the NBC Act and Broadcasting Code used by the NBC and Mr Lai Mohammed to impose fines, sanctions and any other penalties on television, radio and on-line broadcast stations and media houses are draconian, inconsistent, and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under Sections 22 and 39 of the Constitution of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights.
*A declaration that the action of the NBC and Mr Lai Mohammed in relying on section 2[n] of the NBC Act and Broadcasting Code to unilaterally impose punishments such as fines and other sanctions on television, radio and on-line broadcast stations and media houses without recourse to the court violates sections 6[1] & [6][b] and 36[1] of the Constitution of Nigeria 1999.
*A declaration that section 2[n] of the NBC Act and the Broadcasting Code, being inconsistent and incompatible with sections 22, 36[1], and 39 of the Constitution of Nigeria, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, are null and void to the extent of their inconsistency and incompatibility.
*A declaration that the fine of N3m each imposed on Channels, AIT, and Arise TV by the NBC and Mr Lai Mohammed for their coverage of the #ENDSARS protests violates the right to freedom of expression, access to information and media freedom guaranteed under Sections 22 and 39 of the Constitution of Nigeria 1999, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights and therefore null and void.”
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