Justice Daniel Osiagor of a Federal High Court sitting in Ikoyi, Lagos State, on Thursday extended the order stopping President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcast stations in Nigeria and shutting down the stations over alleged failure to renew their licenses.
On August 29, 2022, Justice Akintayo Aluko of the same court granted an order of interim injunction consequent upon hearing of an argument on a motion exparte instituted by a Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).
Justice Aluko issued the order pending the hearing of the Motion on Notice for interlocutory injunction.
However, when the case came up before Justice Osiagor, he also adjourned the matter until October 26, 2022, for the hearing of the Originating Summons.
The decision of Justice Osiagor’s followed the hearing of an argument by SERAP and NGE counsel, Ebun-Olu Adegboruwa, SAN.
It would be recalled that SERAP and NGE had in August filed the legal action against the President and NBC, with a request 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 also asked the court for “an order of interim injunction restraining Buhari and NBC, 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.”
The suit is a result of the resolve by NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.
In the suit designated 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 revoke 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 praying for 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 protecting 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 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 free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle to the functioning of democracy.
“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.”
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