President Muhammadu Buhari and the National Broadcasting Commission (NBC) were on Monday stopped from revoking the licenses of 53 broadcast stations in the country and shutting down the stations for allegedly failing to renew their licenses.
The restraining order was made by a Federal High Court sitting in Ikoyi, Lagos, presided over by Justice Akintayo Aluko, while granting an order of interim injunction, sequel to the hearing of an argument on motion exparte by the Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).
Only last week, SERAP and NGE instituted a legal offensive against Buhari and NBC, asking the Justice Aluko-led court for “a declaration that Section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the stations is unconstitutional and unlawful, as it violates freedom of expression.”
SERAP and NGE had asked Justice Aluko for “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.”
Meanwhile, Justice Aluko has adjourned until September 8, 2022, hearing of the Motion on Notice for an interlocutory injunction.
It would be recalled that SERAP and NGE had initiated the legal offensive following the decision of NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.
According to the suit marked FHC/L/CS/1582/2022, SERAP and NGE are asking the court to determine “Whether Section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten the revocation of the licenses of 53 broadcast stations and shut them down is not in inconsistent with freedom of expression and access to information.”
They are also seeking “A declaration that Section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to a fair hearing.”
The suit read in part: “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 recognise that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.
“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 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.’
“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses 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 and most diverse information.
“The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.
“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.
“Therefore, the strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.
“The media, including the affected 53 broadcast stations, play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.
“The Plaintiffs recognise the mandates of NBC to regulate broadcasting. However, the exercise of such mandates, including renewals or revocation of licenses, must follow the thresholds and guidelines set by the right to freedom of expression.
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.
“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.
“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”
All rights reserved. This material and other digital volumes on this website, may not be reproduced, published, broadcast, rewritten, or redistributed in whole or in part without prior express written permission from THE NEWS ACCELERATOR NETWORK.
Contact: thenewsacceleratornetwork@gmail.com or 08033599492
إرسال تعليق