Pres. Muhammadu Buhari
BreakingHighlightTrending Story

Breaking: SERAP, NGE floor FG as court stops Buhari, NBC from revoking licences of 53 TV, radio stations

309

Following a legal action instituted against the planned shutting of 53 broadcast stations in the country by the Federal Government, a Federal High Court in Lagos on Monday granted an interim injunction halting the move.

The court granted an order of interim injunction following the hearing of an argument on motion ex parte by Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).

President Muhammadu Buhari, the National Broadcasting Commission (NBC) and the Minister of Information have been retrained from revoking the licenses of the stations most of which are private media and their shutting down over N2.6 billion debt.

Justice Akintayo Aluko of Court 8 of the Lagos Division who gave the ruling, adjourned the hearing of the Motion on Notice for interlocutory injunction until September 8, 2022.

Persecondnews had reported that NGE and SERAP 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.”

They also asked 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.

Other reliefs being sought are : “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.

“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 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.’’

NGE and SERAP also averred that: “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.”

Read Also: Nigeria‘ll stop importing petrol mid-next year, Mele Kyari assures

Leave a comment

Related Articles

Olubolade, ex-Bayelsa military governor, ex-minister slumps, dies in Lagos 

A one-time Military Administrator of Bayelsa State and former Minister of Police...

NPA Rubbishes Allegation of Multi-Billion Naira Graft, Says It’s False

The Nigerian Ports Authority (NPA) has refuted online reports alleging multi-billion naira...

Remo Stars Make History as NPFL Champions

Remo Stars Football Club has been crowned the 2024/25 Nigeria Premier Football...

Arsenal Denies Liverpool Win, Secures Late Draw

By Samuel Akpan with additional agency report In a thrilling match at...

Air Peace Aircraft Damaged, Grounded After Collision with Antelope on Abuja Runway

An Air Peace aircraft has been grounded at the Nnamdi Azikiwe International...

AMVCA 2025: A Night of glamour, greatness and history-making

…nothing is stopping us anymore, we are taking over– Lateef Adedimeji The...

NDLEA Busts Iran-Bound Cocaine Concealed in Woman’s Private Parts, Tummy, Suspect in Port Harcourt

In another milestone effort to combat international drug trafficking, the National Drug...

Insecurity: Northern Governors Throw Weight Behind State Police

In a significant move, the Northern States Governors’ Forum, comprising the governors...

FG Pledges to Meet 2.5m Barrels Per Day Oil Production Target 

The Federal Government has reiterated its commitment to achieving a daily crude...

Governor Turns Luxury Government House into Upscale Hotel

The newly inaugurated Abia State Government House, a project of the immediate...

Insecurity: It is my responsibility to tell President Buhari the truth - Zulum

Borno Gov. Zulum Orders Petrol Sales Halt in Border Towns Amid Insurgency Threat

Borno Gov. Zulum Orders Petrol Sales Halt in Border Towns Amid Insurgency...

I took risks, pushed boundaries to sustain my brand for 20 years – Mercy Aigbe

Mercy Aigbe has taken a moment to celebrate her journey in the...

Controversy, uncertainty trail Wizkid’s alleged cancelled tour 

Multiple dates on Wizkid’s highly-anticipated Morayo North American tour have been cancelled,...

Many Celebrities Pursue Fame at Others’ Expense, IK Ogbonna Laments

Nollywood actor IK Ogbonna has voiced his disappointment over the growing obsession...

Just in: No extradition process against Simon Ekpa yet, says Justice Minister 

Contrary to some recent media reports, the Federal Government has not initiated...

Dangote Refinery, NNPC Ltd are Partners in Progress, not Competitors – Aliko Dangote

The Nigerian National Petroleum Company Limited (NNPC Ltd) and the Dangote Petroleum...

10 Quick Facts About the New Catholic Pope Leo XIV

1. First Pope born in the United States and first North American...

Kanu’s Broadcasts Incited Violence, Witness Says, Citing Gulak’s Death, Others

A prosecution witness on Thursday told the court in the ongoing trial...

Court admits document EFCC tried to block in Yahaya Bello’s case, adjourns until May 9

A Federal High Court in Abuja on Thursday dismissed the objection of...