Joined in the suit as Defendant is Mr Lai Mohammed, Minister of Information and Culture.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari and the National Broadcasting Commission (NBC) for "the arbitrary use of the NBC Act and broadcasting code to sanction and threaten to revoke the licences of broadcast stations in the country and shut them down over their legitimate coverage of the 2023 general elections."
Joined in the suit as Defendant is Mr Lai Mohammed, Minister of Information and Culture.
The NBC last week reportedly sanctioned 25 broadcast stations and issued 'final warnings' to 16 others for allegedly violating the provisions of the Nigeria Broadcasting Code during the February 25, 2023, Presidential and National Assembly elections.
But in the suit number FHC/L/CS/469/2023 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine "whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others is not in inconsistent and incompatible with freedom of expression, access to information and media freedom."
SERAP is also asking the court for "a declaration that the sanctioning of some broadcast stations and threat by the NBC to revoke the licences and shut down other stations for their lawful coverage of the general elections is unconstitutional and unlawful, as it violates freedom of expression, access to information and media freedom."
SERAP is seeking "an order of interim injunction restraining President Buhari, the NBC and Mr Mohammed from threatening and sanctioning broadcast stations in the country simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice filed contemporaneously in this suit."
According to SERAP, "Rather than promptly investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations."
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Ms Adelanke Aremo, and Ms Valentina Adegoke, read in part: "The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in a democratic society.
"The NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom on those charged with their implementation.
"The sanctioning of some broadcast stations and threat by the NBC to revoke the licences of others and shut them down is neither necessary nor proportionate, as it would unduly intrude upon Nigerians' right to freedom of expression, access to information, and media freedom.
"The use of vague and undefined phrases such as 'unpatriotic individuals' 'subversive, hateful, and inciting utterances, particularly post-election', as grounds to sanction and threaten to broadcast stations is inconsistent and incompatible with human rights requirements."
Among others, SERAP is asking the court to declare that the “use of the NBC broadcasting code to sanction some broadcast stations and threaten to revoke the licences of others and shut them down for covering the general elections is a violation of the rights to freedom of expression, access to information and media freedom”.
It is also seeking an order “compelling President Buhari to direct the NBC and Mr Mohammed to withdraw the sanction and threat against broadcast stations and to comply with the provisions of section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act”.
No date has been fixed for the hearing of the suit.