Ayodele Olalere
The Nigerian Guild of Editors (NGE) and the Socio-Economic Rights and Accountability Project (SERAP) have asked a Federal High Court, Lagos, to stop the National Broadcasting Commission, NBC, and President Muhammadu Buhari, from revoking the licenses and shutting down of 53 broadcast stations in the country for failing to renew their licenses amounting to over N2billion.
Joined in the suit as defendant is the Minister of Information and Culture, Alhaji Lai Mohammed.
The Respondents, in suit FHC/L/CS/1582/2022 is asking the court to determine whether Section 10(a) of the Third Schedule to the National Broadcasting Act used by NBC to threaten, revoke the licenses 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.
They are also asking for a declaration that the said Section10(a) of the Third Schedule to the National Broadcasting Act used by the NBC ‘ is unconstitutional and unlawful, as it violates the freedom of expression,’
as well as ‘an order of interim injunction restraining them, their agents or privies 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 by the Respondents include an order ‘ that the arbitrary and unilateral action by NBC to threaten and or revoke the licenses of the 53 broadcast stations and to shut down their operations because of the alleged failure to pay their license fees is unnecessary and disproportionate sanction, and therefore contrary to the public interest and the guiding principles of freedom of expression.’
‘That Section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shut down the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.’
‘Also a declaration that ‘ Section 10(a) of the National Broadcasting Act or any such other laws enabling NBC to unilaterally revoke the licenses of 53 broadcast stations and to shut down the stations is inconsistent and incompatible with the provisions of the Nigerian Constitution 1999 (as amended), and therefore null and void to the extent of its inconsistency and incompatibility.
‘That the arbitrary action by NBC to revoke the licenses and shut down the operations of the broadcast stations is directly in conflict with sections 6 and 39(1) of the Nigerian Constitution and human rights treaties to which Nigeria is a state party, and therefore null and void and ultra vires.
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An order nullifying and setting aside the directive by NBC to revoke the licenses of the 53 broadcast stations for being inconsistent and incompatible with freedom of expression, access to information and media freedom.
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.
‘And an order of perpetual injunction restraining President Buhari, NBC, and Muhammed whether jointly or severally or any other authority, person or group of persons from unilaterally revoking the licenses of the 53 broadcast stations and shutting down the stations.’
However, a date is yet to be fixed for the hearing of the matter.
