The Federal High Court sitting in Lagos has delivered a landmark judgment that reinforces media freedom in Nigeria, marking a victory for independent journalism and the rule of law.
In its ruling, the court directed the National Broadcasting Commission (NBC) to cease using the NBC Act and the Nigerian Broadcasting Code to impose fines, threaten sanctions, harass, or intimidate independent media houses in the country.
The judgment was handed down by Hon. Justice Nicholas Oweibo following a suit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
The court unequivocally declared that the NBC lacks the legal authority to impose penalties, including fines, license suspensions, or any other form of punishment on independent media houses for their efforts to promote access to diverse information on matters of public interest.
This decision, delivered in June 2024, underscores the court's commitment to upholding the constitutional rights of freedom of expression, access to information, and media independence.
The case stemmed from NBC's actions in 2022, where it imposed fines of N5 million each on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited.
The fines were linked to the broadcast of documentaries on terrorism, which the NBC alleged glorified banditry, undermined national security, and violated the provisions of the Nigerian Broadcasting Code.
Justice Oweibo carefully examined the issues raised by SERAP and CJID, particularly the question of locus standi, which refers to the legal capacity to bring a case to court.
The NBC had challenged the standing of SERAP and CJID, arguing that they lacked the necessary interest to institute the suit.
However, Justice Oweibo dismissed these objections, ruling that SERAP and CJID had demonstrated sufficient interest to pursue the case.
According to the court, the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009, particularly its preamble, eliminate the traditional requirement of locus standi in cases involving public interest.
Justice Oweibo emphasized that the mandates of SERAP and CJID, as well as their arguments presented in the suit, established this as a legitimate public interest case.
The judge further stated that SERAP and CJID are not "meddlesome interlopers," but rather credible entities acting within their core mandates to promote accountability and defend fundamental rights.
In his judgment, Justice Oweibo upheld the arguments of SERAP and CJID, finding the NBC’s actions to be in breach of the fundamental rights guaranteed under sections 22, 36, and 39 of the Nigerian Constitution of 1999, as amended.
The judgment reaffirmed the vital role of independent media in fostering public discourse, providing access to information, and holding authorities accountable.
By ruling in favor of SERAP and CJID, the court sent a clear message about the limits of regulatory powers and the importance of safeguarding press freedom in a democratic society.
Justice Oweibo noted that the NBC had overstepped its bounds by imposing penalties unilaterally and unlawfully, which constituted a violation of the rights to fair hearing and freedom of expression.
The court further underscored that media houses should not be penalized for airing content that promotes public awareness or addresses issues of national importance, even if such content is deemed uncomfortable by the authorities.
This ruling is a major step forward in ensuring that the NBC operates within the framework of the law while respecting the rights of independent media organizations.
It also highlights the critical role of the judiciary in protecting the fundamental freedoms enshrined in Nigeria’s constitution.
The outcome of this case sets a significant precedent for other regulatory bodies and underscores the judiciary’s role as a check on executive overreach.
SERAP and CJID, in bringing this suit, demonstrated their commitment to the principles of transparency, accountability, and the protection of fundamental rights.
This victory also resonates beyond the legal realm, inspiring confidence in the capacity of civil society organizations to challenge unjust practices and defend the rights of citizens.
The case reinforces the idea that public interest litigation is a powerful tool for safeguarding democratic values and holding institutions accountable.
As Nigeria continues to grapple with challenges to media freedom and press independence, this judgment provides a beacon of hope for journalists, broadcasters, and advocates of free expression.
It is a reminder that the courts remain a vital avenue for redress when regulatory bodies overstep their mandates or act in ways that threaten democratic norms.
Justice Oweibo’s judgment is not merely a victory for SERAP and CJID but for every Nigerian who values the role of an independent media in a functioning democracy.
By striking down NBC’s unlawful practices, the court has reaffirmed the importance of protecting media houses from intimidation and ensuring they can operate without fear of arbitrary sanctions.
This ruling also sends a message to other government agencies about the importance of adhering to constitutional principles and respecting the fundamental rights of individuals and organizations.
In an era where the free flow of information is critical to addressing societal challenges, the role of independent media cannot be overstated.
The court’s decision highlights the need for a regulatory framework that balances oversight with respect for fundamental freedoms and democratic values.
The judgment is a call to action for policymakers and stakeholders to review existing laws and codes to ensure they align with constitutional provisions and international standards.
Moving forward, it is essential to build a regulatory environment that supports rather than stifles the media’s ability to inform, educate, and engage the public on critical issues.
The NBC’s actions in this case serve as a cautionary tale about the dangers of overregulation and the misuse of authority to suppress dissenting voices.
This ruling underscores the importance of vigilance by civil society and the judiciary in upholding democratic principles and ensuring that no institution operates above the law.
Justice Oweibo’s decision is a milestone in the ongoing struggle for media freedom in Nigeria and a testament to the enduring power of the rule of law.
It is a reminder that the judiciary remains a bastion of hope for those seeking justice and accountability in the face of institutional overreach.
As the implications of this ruling continue to unfold, it serves as a clarion call for all stakeholders to recommit to the principles of transparency, accountability, and respect for fundamental rights.
This judgment will undoubtedly have a lasting impact on the media landscape in Nigeria, shaping the future of broadcasting and reinforcing the importance of an independent and vibrant press.
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