Concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission (NBC) and Minister of Information and Culture, Lai Mohammed. The litigants are asking the court to declare as arbitrary, illegal and unconstitutional the N3m fine imposed on each of Channels, AIT and Arise TV for their coverage of the #EndSARS protests.
They are also asking the court to stop NBC from collecting the money. Acting Director-General of the NBC, Armstrong Idachaba, is joined in the suit as defendant. The co-plaintiffs in the suit are 255 concerned Nigerians, Premium Times Services Limited, Centre for Journalism Innovation and Development, HEDA Resource Centre, International Centre for Investigative Reporting, African Centre for Media and Information Literacy, and Media Rights Agenda. Acting Director-General of the NBC, Armstrong Idachaba, had last week announced fines of N9m on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.
But in the suit number FHC/ABJ/CS/1436/2020 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking an order setting aside the arbitrary, illegal and unconstitutional fines of N9m and any other penal sanction unilaterally imposed by the NBC and Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.
They argued that Section (2) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian constitution and the country’s international obligations.
The suit reads, “If the NBC and Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.
“The NBC and Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.
“The action by the NBC and Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 39 of the Nigerian constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”
The plaintiffs are also seeking an order setting aside the fine of N5m and any other penal sanction unilaterally imposed by the NBC and Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.
The radio station was fined after an interview where a former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, said he got information that a Northern governor sponsored Boko Haram.
The suit filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, reads in part, “A fine is a criminal sanction and only the court is empowered by the constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.
“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of ‘nemo judex in causa sua’ which literally means ‘one cannot be a judge in his own cause’ and ‘audi alteram partem’ which literally means ‘no one should be condemned unheard’.
“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian constitution, Nigerians’ human rights, media freedom, and the rule of law” They stated.