The Federal High Court in Lagos has ruled that the National Broadcasting Commission (NBC) must refrain from using the NBC Act and Nigeria Broadcasting Code to impose fines, threaten sanctions, or intimidate broadcast stations and independent media outlets across the country.
Delivering judgment, Justice Nicholas Oweibo declared that the NBC lacks the legal authority to unilaterally impose penalties, including fines, license suspensions, or any form of punishment on media organizations for disseminating diverse information on public-interest issues.
The ruling stemmed from a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
The certified true copy of the judgment, dated June 13, 2024, was obtained last week.
The case was initiated after the NBC fined Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited N5 million each in 2022 for airing documentaries on terrorism.
The NBC alleged that the programs glorified banditry, undermined national security, and violated the Nigeria Broadcasting Code.
Justice Oweibo addressed the objections raised by the NBC, affirming that SERAP and CJID had the legal standing (locus standi) to file the lawsuit.
He cited the Fundamental Rights (Enforcement Procedure) Rules of 2009, which prioritize public interest litigation and eliminate strict requirements for locus standi.
In his judgment, Justice Oweibo held that, “The issue of the locus standi of SERAP and CJID need to be resolved first being a threshold issue. It is trite that the Statement of Claim must disclose the Plaintiff’s interest sufficient to clothe him/her with the requisite capacity to sue.”
Justice Oweibo also stated that, “SERAP and CJID have been vested with locus standi. Looking at the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009 and particularly the preambles to the Rules, the general requirement of locus standi has been done away with. SERAP and CJID are not meddlesome interlopers.
“I have looked at the affidavit in support of the suit, which in this case stands in place of a Statement of Claim. Considering the core mandates of SERAP and CJID and the affidavit in support of their suit, it is to be seen that this is a public interest case.”
The court ruled that NBC’s actions breached the constitutional rights to freedom of expression, access to information, media freedom, and fair hearing as enshrined in sections 22, 36, and 39 of the Nigerian Constitution (as amended).
SERAP deputy director, Kolawole Oluwadare said, “We urge the NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgment of the Court.
“We also urge President Bola Tinubu to direct the Ministry of Information and Culture, the office of the Attorney General of the Federation and the NBC to immediately disclose the details of the Twitter agreement, as ordered by the court.
“The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression and media freedom in Nigeria.”
