Following the incessant fines imposed on broadcast stations by the National Broadcasting Commission, the Socio-Economic Rights and Accountability Project and the Centre for Journalism Innovation and Development have taken up the gauntlet on behalf of the media houses to challenge the constitutional implications of the commission’s action, questioning the conflicting roles of the commission as the complainant, prosecutor and judge in its own cases, Alex Enumah reports
For many in the media industry, it was something that was long overdue. Can an organisation be the complainant, prosecutor and judge in its own case? This is simply the reason why two civil society organisations – the Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID) – have filed a suit against the National Broadcasting Commission (NBC) for slamming a N5 million fine on Channels Television.
Also joined in suit number FHC/L/CS/616/2023 filed at the Federal High Court in Lagos, as defendants are the President and the Minister of Information and Culture.
The NBC had recently slammed a fine of N5 million on Channels Television for what it described as breaking the broadcasting law in a programme with the Labour Party’s vice presidential candidate, Datti Baba-Ahmed.
In a letter dated March 27, addressed to the Chief Executive Officer of the television station titled ‘Broadcast of an Inciting Interview, A Sanction,’ the commission’s Director-General, Balarabe Ilelah, wrote that: “The NBC monitored the broadcast of a live interview of the running mate of the Labour Party Vice presidential candidate, Dr Datti Baba-Ahmed, by the anchor of Politics Today, Seun Okinbaloye, on Wednesday, March 22.
“Baba-Ahmed said it will be unconstitutional to swear in an elected president on May 29, 2023, because of election irregularities.”
In the letter, the NBC boss claimed that the broadcast was volatile and capable of inciting public disorder, violating some sections of the broadcasting code.
He threatened that any further infraction by the television station would attract higher sanctions.
“Consequently, on the following infractions, Channels Television is hereby sanctioned and shall pay a penalty of N5,000,000 only in the first instance. You are advised to pay within two weeks from the day of receipt of this letter or the penalty will be graduated,” the NBC director-general added.
The commission had in February imposed a N2,000,000 sanction on ARISE NEWS and Continental Broadcasting Service Limited (TVC) each. Ilelah also announced the punishment in separate letters he wrote to the management of the affected organisations on February 3, 2023
NBC said the fines should be paid within two weeks of the receipt of the letters or the sanction would be graduated.
In the letter to ARISE NEWS, the commission cited the broadcast of the presidential campaign rally of PDP in Delta, interview with former APC Campaign Director, Na’jaatu Muhammed, and broadcast of the PDP presidential campaign rally in Sokoto.
The NBC had also reportedly sanctioned 25 broadcast stations and also issued what it called ‘final warnings’ to 16 others for allegedly violating provisions of the Nigeria Broadcasting Code during the February 25, 2023 presidential and National Assembly elections.
In protest against the sanctions, SERAP filed suit number: FHC/L/CS/469/2023 against President, NBC and the minister at the Federal High Court in Lagos over what it termed “arbitrary” use of the NBC Act and broadcasting code to sanction and threaten to revoke the licence of broadcast stations in the country and shut them down over their legitimate coverage of the 2023 general election.
Clearly, press freedom is the bedrock of democracy and free society. In constitutional democracy, the media provides warring groups mechanisms for mediation, representation and voice to settle their differences peacefully.
The media can also help build peace and social consensus, without which democracy is threatened, as this system of government requires the active participation of citizens.
Most importantly, it holds the government and its agencies to account. Unfortunately, free press can be endangered by the state’s interference when it perceives that its ‘dictatorial’ grip is being threatened in a democracy. This scenario captures the unfolding controversial development where the NBC, which serves as the regulator for the broadcast industry in Nigeria, persistently imposes fines on broadcast stations as it did recently when it slammed a fine of N5million on Channels Television.
A curious dimension to the current controversy is that NBC acted at the instance of a petition written by the Director of Media and Publicity for the ruling All Progressives Congress Presidential Campaign Council (APC-PCC), Bayo Onanuga.
This is why SERAP and CJID are asking the court to determine whether the broadcasting code used by NBC to sanction some broadcast stations and threaten to shut down others is not inconsistent and incompatible with freedom of expression, access to information and media freedom.
In the suit was filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Ms Adelanke Aremo, and Ms Valentina Adegoke, the group is asking the court for “a declaration that the sanctioning of some broadcast stations and threat by the NBC to revoke the licences and shut down other stations for their lawful coverage of the general election is unconstitutional and unlawful, as it violates freedom of expression, access to information and media freedom.”
SERAP is seeking an order of interim injunction restraining President Muhammadu Buhari, NBC and Mr Lai Mohammed from threatening and sanctioning broadcast stations in the country simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.
In the suit, SERAP argues: “It is a travesty of justice to punish and threaten broadcast stations seeking to promote election integrity and citizens’ engagement and participation while allowing perpetrators of electoral violence and grave human rights violations escape accountability for their alleged crimes.
“Rather than promptly investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations.
“The use of NBC Act and Code, in this case, would open the door to arbitrariness and fundamentally restrict freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”
SERAP and CJID argued that the regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it, adding that under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, freedom and diversity must be guiding principles in the regulation of broadcasting. It noted that the fine of N5million imposed on Channels TV is entirely inconsistent and incompatible with these principles.
The CSOs argued that while Article 19 (1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference, Article 19(2) establishes Nigeria’s obligations to respect ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information, regardless of frontiers. It further said under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals.’”
They maintained that 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 by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.
“Article 19 (1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information, regardless of frontiers.”
“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals.
“Although article 19(3) recognises ‘national security’ as a legitimate aim, the Human Rights Committee has stressed ‘the need to ensure that the invocation of national security is not used unjustifiably or arbitrarily to restrict freedom of expression and media freedom.”
“Arbitrarily imposing fines on media houses simply for carrying out their constitutional duties 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 diverse information. 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.”
Although no date has been fixed yet for the hearing of the case, many have commended SERAP and CJID for taking up the gauntlet on behalf of the media houses to challenge the NBC. It would really be interesting to see how the matter would be resolved by the court without fear or favour.
