LAGOS, Nigeria – In a landmark ruling, the Federal High Court in Lagos has ordered the National Broadcasting Commission, NBC, to cease imposing fines and sanctions on independent media houses, declaring such actions unlawful and unconstitutional.
The judgment, delivered by Justice Nicholas Oweibo in June and publicised through a certified copy last Friday, was a significant victory for press freedom in Nigeria.
The case, brought by the Socio-Economic Rights and Accountability Project, SERAP, and the Centre for Journalism Innovation and Development, CJID, challenged the NBC’s authority to penalise media organisations without judicial oversight.
The suit was prompted by the NBC’s 2022 decision to fine four media houses ₦5 million each over their documentaries on terrorism, which the regulator claimed glorified banditry and jeopardised national security.
Court Ruling: NBC Exceeded Legal Authority
Justice Oweibo ruled that the NBC and its agents lack the authority to unilaterally impose penalties, suspend licences, or withdraw broadcast rights without judicial recourse.
The judgment affirmed that such actions violate the constitutional rights to freedom of expression, access to information, and fair hearing as enshrined in Sections 22, 36, and 39 of the Nigerian Constitution.
DOWNLOAD: Nigeria’s 1999 Constitution of Nigeria
Key declarations by the court include:
- The imposition of fines by the NBC is unlawful, breaching the principles of legality, necessity, and proportionality.
- The use of the Nigeria Broadcasting Code to sanction media houses without court approval contravenes constitutional and international human rights standards.
- The NBC’s punitive measures undermine the principles of fairness and media freedom, violating Articles 19 and 9 of international human rights treaties ratified by Nigeria, including the African Charter on Human and Peoples’ Rights.
The court set aside the ₦5 million fines imposed on Trust TV, Multichoice Nigeria Limited, Telcom Satellite Limited (TSTV), and NTA-Startimes, which had aired the BBC documentary “Bandits Warlords of Zamfara.”
The ruling also issued a perpetual injunction restraining the NBC from harassing or penalising media houses for broadcasting content of public interest.
SERAP and CJID Celebrate Victory for Media Freedom
SERAP Deputy Director Kolawole Oluwadare lauded the ruling, urging the NBC to comply immediately.
“The enforcement of this judgment will strengthen the rule of law, protect freedom of expression, and uphold media independence in Nigeria,” Oluwadare said.
The court recognised the standing of SERAP and CJID to pursue the case as a matter of public interest.
Justice Oweibo dismissed objections by the NBC, affirming that the plaintiffs had sufficient legal capacity under the Fundamental Rights (Enforcement Procedure) Rules of 2009.
“This judgment underscores the importance of holding regulatory agencies accountable,” Oluwadare added, calling on President Bola Tinubu to direct relevant ministries and agencies to respect the ruling.
Media Sanctions, Free Expression, and National Security
The case brought to light significant concerns about the balance between national security and press freedom.
SERAP and CJID argued that the NBC’s actions, justified under claims of “glorifying terrorism and banditry,” had a chilling effect on journalism.
They maintained that punitive measures against media houses were arbitrary, violated international law, and undermined public access to information of legitimate interest.
The court supported these arguments, noting that restrictions on freedom of expression must be necessary, proportionate, and provided by law.
It warned against using national security as a pretext to unjustifiably limit media rights.
Broader Implications
The ruling sets a precedent for protecting press freedom in Nigeria and signals the judiciary’s willingness to check the overreach of regulatory bodies.
It also highlights the growing importance of public interest litigation in safeguarding democratic principles.
This decision arrives as Nigeria grapples with complex challenges, including security concerns and the need for transparent governance.
It underscores the critical role of the media in holding power to account and fostering informed public discourse.
As SERAP and CJID celebrate a significant victory, the NBC now faces pressure to adapt its regulatory approach, ensuring that its actions align with constitutional guarantees and international human rights standards.
For Nigeria’s independent media, this ruling represents a reaffirmation of their essential role in the democratic process.
