Just In: Court Stops NBC From Shutting Down 53 Broadcast Stations

By Tolulope Oke

The Federal High Court in Lagos has stopped the National Broadcasting Commission (NBC) from revoking the licenses and shutting down 53 broadcast stations in the country.

The Eagle had reported that NBC’s director general, Malam Balarabe Ilelah, had announced the suspension of these stations due to failure of renewing their license.

According to Ilelah, the debts of the said broadcasting stations had increased to more over N2.6 billion.

Ilelah then gave orders to all NBC offices to coordinate with security agencies to ensure swift observance of the stations’ closure within 24 hours.

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In light of this, SERAP and NGE filed a lawsuit against NBC, asking the 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.”

Following the hearing of a motion exparte argument by the Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors, Honourable Justice Akintayo Aluko (Court 8) today issued an order of interim injunction (NGE).

The lawsuit is adjourned till September 8, 2022, when the motion on notice for an interim injunction will be heard.

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 recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.

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“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.”