The Socio-Economic Rights and Accountability Project has initiated legal action against the government of Nigeria, specifically President Muhammadu Buhari, the National Broadcasting Commission (NBC), and the Minister of Information and Culture, Mr. Lai Mohammed (SERAP).
The lawsuit challenges the NBC’s arbitrary use of the NBC Act and the broadcasting code to sanction and threaten broadcast stations in Nigeria over their legitimate coverage of the 2023 general elections. This was done in violation of the NBC Act and the broadcasting code. SERAP is looking for a declaration that the actions taken by NBC are unlawful and unconstitutional because they violate the rights to freedom of expression and access to information, as well as the freedom of the media.
They are also asking for a temporary restraining order to prevent NBC and the other defendants from threatening or sanctioning any broadcast stations. SERAP contends that it is a perversion of justice to threaten and punish broadcast stations while at the same time allowing those who committed acts of electoral violence to avoid responsibility for their actions.
In addition, they argue that the NBC Act and Code would place restrictions on people’s rights to freedom of expression, which is guaranteed by the Constitution of Nigeria and international human rights treaties. The lawsuit was brought on behalf of SERAP by their attorneys, Kolawole Oluwadare, Ms. Adelanke Aremo, and Ms. Valentina Adegoke. In it, they argue that the NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom. SERAP’s lawyers are Kolawole Oluwadare, Ms. Adelanke Aremo, and Ms. Valentina Adegoke.
Therefore, SERAP is requesting that the court grant them the following reliefs:
A DECLARATION that it is a violation of the rights to freedom of expression, access to information, and media freedom for the NBC broadcasting code to have been used to sanction some broadcast stations, threaten to revoke the licenses of others, and shut them down for covering the general elections. These actions were taken in response to the stations’ coverage of the election.
A DECLARATION that the sanctioning of some broadcast stations and the threat to revoke the licenses of others and shut them down for simply carrying out their legitimate duties of covering the general elections is a violation of the right to fair hearing as provided for in the Nigerian Constitution 1999 (as amended) and human rights treaties which Nigeria has ratified. This right was violated by the threat to revoke the licenses of others and shut them down for simply carrying out their legitimate duties of covering the general elections.
A DECLARATION that the arbitrary action taken by NBC to sanction some broadcast stations and threaten to revoke the licenses of others and shut them down for covering the general elections is a violation of section 39 of the Nigerian Constitution 1999 [as amended] as well as Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. This declaration is being made in light of the fact that both of these provisions were recently amended.
AN ORDER compelling President Buhari to direct the National Broadcasting Commission (NBC) and Mr. Mohammed to withdraw the sanction and threat against broadcast stations and to comply 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. AN ORDER requiring the NBC and Mr. Mohammed to comply with the provisions of section 39 of the Nigerian Constitution.
AN ORDER OF PERPETUAL INJUNCTION prohibiting President Buhari, the NBC, and Mr. Muhammed, whether jointly or severally, as well as any other authority, person, or group of persons, from unilaterally sanctioning and threatening to revoke the licenses of any broadcast stations and shutting down the stations on the grounds that they are covering the general elections in 2023.
The court case has not yet been scheduled for a hearing at this time.
