The federal high court in Lagos has restrained President
Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking
the licences of 53 broadcast stations in the country.
Akintayo Aluko, the presiding judge, granted an order of
interim injunction on Monday while ruling on an ex parte application filed by
the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian
Guild of Editors (NGE).
NBC had on August 19 asked the stations to shut down due to
an accumulated debt of over N2 billion.
The commission, however, suspended the revocation of the
licences following the intervention of key stakeholders.
SERAP and NGE had sued Buhari and NBC, asking the court to
declare that the commission’s threat was “unconstitutional and unlawful, as it
violates freedom of expression”.
They sought “an order of interim injunction restraining
Buhari and NBC, their agents from revoking the licenses of 53 broadcast
stations in the country and shutting down their operations, pending the hearing
and determination of the motion on notice filed contemporaneously in this
suit”.
In the main suit marked FHC/L/CS/1582/2022, the plaintiffs
averred that “the provisions of the Nigerian constitution and human rights
treaties on freedom of expression indicate that this right can be exercised
through any medium”.
“Effectively, these
provisions recognize that every individual has the right to an equal
opportunity to receive, seek and impart information through any communication
medium without discrimination,” the suit reads.
“The use of the 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 the Nigerian Constitution and human rights treaties to which Nigeria
is a state party.
“The media plays an essential role as a vehicle or
instrument for the exercise of freedom of expression and information – in its
individual and collective aspects – in a democratic society.
“Indeed, the media has the task of distributing all
varieties of information and opinion on matters of general interest.
“The public has a
right to receive and assess this information and opinion independently.
Therefore, the existence of a free, independent, vigorous, pluralistic, and
diverse media is essential for the proper functioning of a democratic society.
“According to the Declaration of Principles on Freedom of
Expression in Africa adopted by the African Commission on Human and Peoples’
Rights, ‘licensing processes shall seek to promote diversity in broadcasting.
Any registration system for the media shall not impose substantive restrictions
on the right to freedom of expression.”
SERAP and NGE said revoking the licences would “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”.
The court has fixed a hearing on the matter for September 8.
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