ECOWAS Court
Top Story

NBC’s fines on broadcast stations: Code violates freedom of expression – ECOWAS Court

Persecondnews recalls that the applicant (ENHRI) had challenged the use of the NBC Code by the federal government to arbitrarily impose sanctions including fines on broadcast stations (radio and TV).

1.4k

The Nigerian Broadcasting Code being applied by the National Broadcasting Commission (NBC) to impose sanctions and fines on erring broadcast stations has been declared a violation of the freedom of expression guaranteed under the African Charter on Human and People’s Rights.

The Court of the Economic Community of West African States sitting in Abuja gave the judgment in a suit filed by an NGO — Expression Now Human Rights Initiative (ENHRI) — against the Federal Republic of Nigeria.

The court held that the Nigerian government had failed in its responsibility to align its domestic legislation with its international obligations.

Persecondnews recalls that the applicant (ENHRI) had challenged the use of the NBC Code by the federal government to arbitrarily impose sanctions including fines on broadcast stations (radio and TV).

Justice Dupe Atoki, who presided by over the ECOWAS Court, said in enacting laws “member states must give due consideration to its alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights.”

Specifically, the applicant, represented by Mr Solomon Okedara, had challenged Articles 3 (1) (1), 3(1) 2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) that they contravene the principle of freedom of expression.

The court noted that Article 3(1) (1) of the Code is “infinite in scope” and therefore violates the provisions of Article 9(1) and (2) of the African Charter on Human and People’s Rights.

According to the court, the provisions of Article 3(1) (2) of the Code are “too ambiguous and vague and can lead to curtailment of the right to freedom of expression.”

The court also ordered that the Nigerian government aligns Articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under Article 1 of the ACHPR and to cease giving effect to the provisions until it has aligned the same as ordered.

The Nigerian Guild of Editors (NGE) had In May 2023, hailed the ruling of a Federal High Court, Abuja, granting an order of perpetual injunction restraining the National Broadcasting Commission from imposing fines on broadcast stations in the country.

Justice James Omotosho held that NBC not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

Persecondnews recalls that most of the NBC fines and sanctions took place during the administration of ex-President Muhammadu Buhari.

Leave a comment

Related Articles

Tinubu in Abu Dhabi for Sustainability Summit, Strengthens Nigeria-UAE Ties

President Bola Tinubu arrived in Abu Dhabi on Sunday night to attend...

Tinubu Orders Full-Scale Hunt for Terrorists Behind Kasuwan Daji Massacre

President Bola Ahmed Tinubu has condemned the “barbaric” attack on Kasuwan Daji...

Just In: Detained Malami, son, wife not yet off the hooks, bail deferred to Jan. 7

The hopes of former Attorney-General Abubakar Malami and his family to celebrate...

Just in: New Year Gesture: Akpabio Withdraws Suits Against Natasha, Others

Inspired by a New Year’s message on forgiveness, Senate President Godswill Akpabio...

Anthony Joshua Discharged from Hospital After Fatal Car Crash in Ogun

World heavyweight boxing champion Anthony Joshua has been discharged from the hospital...

Tinubu’s New Year Vow: More Reforms, Safer Nigeria

President Bola Tinubu has declared that Nigeria is entering a “robust phase”...

Super Eagles Clinch Top Spot With 3-1 Victory Over Uganda

Nigeria’s Super Eagles wrapped up their AFCON 2025 group stage campaign with...

No Going Back: New Tax Laws Will Commence on January 1, 2026 – Pres. Tinubu

In a State House statement issued on Tuesday, the Presidency said all...

Just in: Ex-Justice Minister Malami, son, wife remanded at Kuje prison pending bail

Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN),...

Governors, British Envoy Visit Anthony Joshua in Lagos Hospital After Fatal Crash

British Deputy Head of Mission, Simon Field, visited world heavyweight champion Anthony...

Nigeria’s Economy Remains Stable Amidst Counterterrorism Operation – Finance Minister Edun

Nigeria’s financial markets are holding strong despite the recent joint counterterrorism operation...

Nationwide Blackout: Nigeria’s National Grid Fails Again

Nigeria was plunged into darkness on Monday following yet another collapse of...

Anthony Joshua Survives Road Crash in Ogun, Two Feared Dead

World-renowned British-Nigerian boxer Anthony Joshua was involved in a serious road accident...

Air Peace CEO Sounds Alarm Over Jan. 1 New Tax Law, May Push Ticket Prices Above ₦1m

Nigeria’s aviation sector is on the brink of collapse as new tax...

Breaking: AFCON 2025: Nigeria Stun Tunisia 3-2, Secure Round of 16 Spot

Nigeria has secured a spot in the Round of 16 at the...

Security Boost: FG Deploys 7,000 Forest Guards in 7-State Pilot Programme

The Federal Government says it is deploying 7,000 newly trained forest guards...

SGF George Akume Ties the Knot with Ooni’s Ex-Queen Zaynab

Sen. George Akume, the Secretary to the Government of the Federation (SGF),...

Alleged Alteration: NASS to Re-gazzette Tax Laws, Says Reps Spokesperson

The National Assembly has directed its Clerk to re-gazette the nation’s tax...

FG Confirms US Airstrikes Against ISWAP Terrorists in Northwest

Following the Christmas day US air strikes against terrorist targets in the...

Christmas Day Strike: Trump Says U.S. Hit ISIS Targets in Northern Nigeria

U.S. President Donald Trump on Christmas Day announced that American forces carried...