Justice Daniel Osiagor of a Federal High Court, Lagos, has dismissed the suit filed by the Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP) and the Incorporated Trustees of the Nigerian Guild of Editors, challenging the power of National Broadcasting Commission (NBC), to revoke the license of any erring media House.
In dismissing the suit, Justice Osiagor held that: “the law establishing the NBC is reasonably justifiable in any democratic society. Broadcast stations all over the world are licensed in every democratic setting. The acts of the 2nd defendant (NBC) are within the ambit of their constitutional and statutory limits”.
SERAP, alongside Incorporated Trustees of the Nigerian Guild of Editors, have instituted the suit marked FHC/L/CS/1582/22, against the President of the Federal Republic of Nigeria; National Broadcasting Commission and Minister of Information and Culture, listed as first to third defendants, who were represented by Barrister Olanrewaju Osinaike, who led Jide Somorin and Grace Ajani.
In the suit, the plaintiffs through their lawyer, Barrister Emmanuel Omohavwa, raised the following issues for court’s determination; “whether section 10(a) of the Third Schedule to the National Broadcasting Act relied upon by the 2nd Defendant to threaten revoke the licenses of 53 broadcast stations in Nigeria and to unilaterally shutdown the broadcast stations is not in inconsistent and incompatible with the rights of the Plaintiffs and Nigerians as a whole to freedom of expression access to information and media freedom guaranteed under section 39 of the-Constitution of the Federal Republic of Nigeria 1999 [as amended}; Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. and Article 19 of International Covenant on Civil and Political Rights to which Nigeria is a state party.
“Whether the provision of section 10(a) of the Third Schedule to the National Broadcasting Act relied upon by the 2nd defendant to unilaterally threaten and revoke the license of 53 broadcast stations mentioned in this suit is not in breach of the Plaintiffs’ and Nigerians’ rights to fair hearing pursuant to sections of 6(1)& 6(b) and 36(b) of the Constitution of the Federal Republic of Nigeria 1999 Jes amended}, Article 7 of the African Chanter on Human and Peoples Rights (Ratification and Enforcement) Act. and article 14 International Covenant on Civil and Political Rights to which Nigeria is a state party.
“Whether by relying on the provisions of section 10(a) of the Third Schedule to the National Broadcasting Act to unilaterally threaten and revoke the licenses of 53 broadcast stations and shutdown the operations of the broadcast stations mentioned in this suit because of the alleged failure to pay their license fees the act of the 2nd defendant is not an unnecessary and disproportionate sanction, and therefore contrary to the public interest and the guiding principles of freedom of expression and access to information, media freedom guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and Article 10 of International Covenant an 3 Civil and Political Rights in which Nigeria is a state party.”
The plaintiffs also asked the court for the following reliefs: “a declaration that section 10(a) of the Third Schedule to the National Broadcasting Act relied upon by the 2nd defendant to threaten to unilaterally revoke the licenses of 53 broadcast stations and to shutdown the broadcast stations is a breach of the rights of the Plaintiffs and Nigerians to freedom of under,
“A declaration that section 10(a) of the National Broadcasting Act relied upon by the 2nd defendant to unilaterally revoke the licenses of the broadcast stations and shutdown the stations mentioned in this suit is arbitrary and is a violation of the broadcast stations rights to fair hearing guaranteed under section 6 (1) & {6)(b] and 36(1) and 39 of the Constitution of the Federal Republic being inconsistent and incompatible with the rights of the Plaintiffs and Nigerians to freedom of expression, access to information and media freedom guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 9 of the African Charter an Human and Peoples’ Rights (Ratification and Enforcement) Act, and article 19 International Covenant on Civil and Political Rights to which Nigeria is a state party
“An order of the count compelling the 1st defendant to direct the 2nd and drd Defendants to withdraw the revocation orders of the 2nd defendant in compliance with and fulfillment of the provisions of section 39 of the Nigerian Constitution, and Nigeria’s human rights obligations under Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and Article 19 the International Covenant on Civil and Political Rights and other international treaties to which Nigeria is a state party.
“An order of perpetual injunction restraining the Defendants, whether jointly or severally or any other authority, person or group of persons from unilaterally revoking the licenses of the 53 broadcast stations and shutting down the stations mentioned in this suit.”
While the 1st and third defendants did not file any response to the suit. The second defendant, NBC, through its lawyer, Barrister Olanrewaju Osinaike, filed a Preliminary Objection and an 8-paragraph Counter Affidavit and a Written Address.
In the counter-affidavit, NBC, through its lawyer, argued that the Plaintiffs’ suit was a gross abuse of the court.
In proving to the court that the plaintiffs’ suit was a gross abuse of the court, NBC counsel listed the following suit instituted by the plaintiffs. “The Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP) and The Incorporated Trustees of the Nigerian Guild of Editors Vs. President Federal Republic of Nigeria, National Broadcasting Commission, Minister of Information and Culture, Suit No. FHC/L/CS/436/2020, CORAM: MAHA J. delivered 26-04, 2023.
“The Incorporated Trustees Media Rights Agenda v. National Broadcasting Commission Suit No.; FHC/Abj/CS/1386/2021, CORAM, Omotosho J. delivered on 10-5-23, while Maha J struck out the suit on the preliminary ground of locus standi. And some others.
Delivering judgment in the suit, Justice Osiagor dismissed the defendants’ preliminary objection on the ground that the Plaintiffs have legal rights to institute the suit.
The judge, however, dismissed the Plaintiffs’ suit for abuse of court.
In dismissing the suit, Justice Osiagor, after perusing all the processes filed by the parties and the authorities cited, held that: “….. the most consideration therefore the basis for the exercise of such powers. In this case, threatened withdrawal and revocation of licenses ever unpaid renewal fees. This falls within the ambit and scope of the statutory powers of the 2nd defendant. See section 2(1) of the National Broadcasting Commission Act “… including revocation of licenses of defaulting stations…”
“The law establishing the NBC is reasonably justifiable in any democratic society. Broadcast stations all over the world are licensed in every democratic setting.
“The acts of the 2nd defendant are within the ambit of their constitutional and statutory limits. See ukpai V. Omoregie & ORS (2019) LPELR -42706(CA).
“The suit is accordingly dismissed, and after hearing the issues for determination in the negative and all reliefs refused.”
Madukwe B. Nwabuisi is an accomplished journalist renown for his fearless reporting style and extensive expertise in the field. He is an investigative journalist, who has established himself as a kamikaze reporter.
