Femi Falana, human rights lawyer,
says the National Broadcasting Commission (NBC) lacks the power to suspend
licences of media organisation without an order from the court.
In a statement on Sunday, the
senior advocate of Nigeria (SAN), said the regulator cannot also ban radio
houses from playing records of artists or impose fines on alleged offenders
without recourse to the court.
On Thursday, the NBC had
suspended the licences of DAAR Communications Plc, owners of African
Independent Television (AIT) and Raypower over “breach of broadcasting code”.
Falana described the closure of
media houses as a dangerous trend, advising the regulatory agency to act within
the confines of the law if it wants to checkmate the excesses of any station.
“No doubt, the NBC has been
empowered by the NBC Act to regulate all broadcasting organisations in the
country. But in exercising its wide powers NBC has to be made to appreciate
that it can no longer operate outside the ambit of the Constitution as was the
case under military rule,” he said.
“Since fundamental rights
including freedom of expression can no longer be curtailed or abrogated except
in a manner permitted by law, the NBC ought to realise that it cannot suspend
licences of media houses, ban radio houses from playing records of artists or
impose fines on alleged offenders without a court order.
“Alternatively, the NBC may
request the Attorney-General to charge a media house for breaching the
provisions of the NBC Act or penal statutes. Otherwise, the powers of the NBC
may be arbitrarily exercised to the detriment of law and order in the society.”
He described the reopening of AIT
and Raypower FM as victory for democracy, calling on security agencies to
withdraw their men from DAAR Communications, head office in Abuja.
“The NBC has just lifted the
suspension of the licences of AIT and Raypower FM Radio stations in compliance
with the ex parte order granted by the federal high court. It is hoped that the
authorities of the Nigeria Police Force and State Security Service will
withdraw the armed goons mounting siege in the compound of the AIT/Raypower FM
stations without any delay,” he said.
“As far as democratic forces in
the country are concerned, the battle for press freedom has been won, once
again. But it is a temporary victory which should not be celebrated without
caution.
“Even under the most vicious
military junta in Nigeria the courts ordered the reopening of the premises of
the National Concord and Punch newspapers which were illegally closed down and
occupied for months by armed troops. And the court orders were complied with by
the military dictators.”
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