By Emmanuel Kwada

The Federal High Court in Lagos has directed the National Broadcasting Commission (NBC) to cease using the NBC Act and the Nigeria Broadcasting Code to impose fines, threaten sanctions, or intimidate broadcast stations and independent media outlets across the country.

The court ruled that “the NBC and its representatives do not possess the legal authority to impose penalties unlawfully and unilaterally, including fines, license suspensions, or any form of punishment against independent media houses for facilitating access to diverse information regarding issues of public significance.”

This judgment, delivered in June by Hon. Justice Nicholas Oweibo, followed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID). A certified true copy of the judgment was obtained last Friday.

The case arose after the NBC imposed a N5 million fine on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited in 2022 for their documentaries addressing terrorism in Nigeria. The NBC asserted that these documentaries “glorify the activities of bandits, undermine national security, and violate the Nigeria Broadcasting Code.”

Glorify the activities of bandits, undermine national security, and violate the Nigeria Broadcasting Code

In his ruling, Justice Oweibo emphasized the need to address the matter of SERAP and CJID’s legal standing at the outset. He noted that the Statement of Claim must demonstrate the plaintiff’s interest, sufficient to grant them the capacity to sue.

Justice Oweibo affirmed that SERAP and CJID have legitimate standing, referencing the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009, which eliminate the general requirement for standing in such cases. He stated that SERAP and CJID are not mere interlopers.

Upon reviewing the supporting affidavit, which served in place of a Statement of Claim, Justice Oweibo concluded that this constituted a public interest case, aligned with the core missions of SERAP and CJID.

He dismissed the objections from the NBC’s counsel and supported the arguments presented by SERAP and CJID, ruling in their favor against the NBC.

This action alleges violations of the fundamental rights of SERAP and CJID to freedom of expression, access to information, media freedom, and fair hearing as guaranteed under sections 22, 36, and 39

Justice Oweibo’s judgment, dated Jun 13, 2024, stated: “This action alleges violations of the fundamental rights of SERAP and CJID to freedom of expression, access to information, media freedom, and fair hearing as guaranteed under sections 22, 36, and 39 of the Nigerian Constitution 1999 [as amended].