NEWS
Court stops Buhari, NBC from shutting down 53 broadcast stations
By John Mommoh
The Federal High Court in Lagos has stopped President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcast stations in the country and shutting down the stations for allegedly failing to renew their licenses.
Honorable Justice Akintayo Aluko (Court 8) today granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).
SERAP and NGE had last week filed a lawsuit against Buhari and 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.”
In the suit, SERAP and NGE had asked the court for “an order of interim injunction restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting their own operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
The suit is adjourned to 8th September 2022 for the hearing of the Motion on Notice for interlocutory injunction.
The suit followed the decision by NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.
In suit number FHC/L/CS/1582/2022, SERAP and NGE are asking the court to determine “whether 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 shut them down is not in inconsistent with freedom of expression and access to information.”
SERAP and NGE are also seeking “a declaration that section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to a fair hearing.”
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.”
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“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.”
“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.”
“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.’”
“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.”
“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.”
“The right to freedom of expression is based on the right to establish or use a media outlet to exercise freedom of expression and on society’s right to have access to a free, independent, and pluralistic media that allows for the most and most diverse information.”
“The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.”
“The exercise of the right to freedom of expression through the media is a guarantee that is fundamental for advancing the collective deliberative process on public and democratic issues.”
“Therefore, the strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.”
“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.”
“The Plaintiffs recognize the mandates of NBC to regulate broadcasting. However, the exercise of such mandates including renewals or revocation of licenses must follow the thresholds and guidelines set by the right to freedom of expression.”
“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.”
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.”
“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.”
“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”
Bayelsa State Governor, Douye Diri has embarked on his annual vacation, handing the ship of state to his deputy, Senator Lawrence Ewhrudjakp.
He made the disclosure in a statement on his verified handle on micro-blogging site, X, on Monday morning.
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Diri wrote, “With effect from today, November 25, 2024, I am proceeding on my annual leave.
“It has been a very busy year for me since our inauguration for the 2nd term in February this year.
“My absence will not in anyway affect governance in the State as the Deputy Governor, His Excellency, Senator Lawrence Ewhrudjakpo, @iamElaw has the mandate to take charge of all state functions.
“Also, my absence shall not in anyway cause delay in the execution of all ongoing projects and programmes by various ministries, agencies and departments.
“On the prolonged blackout in the State, I am happy that our intervention in the repairs of the vandalised towers is yielding result with the completion of restringing of the damaged Ahoada-Yenagoa 132kV line.
“In as much as the transmission line does not belong to the Bayelsa State Government, our intervention was purely in the interest of the people.
“I understand the pains and the economic loss our people have been subjected to due to the blackout. The business owners are the worst hit!
“With the comprehensive repair works done so far, I am hopeful power will soon be restored once the recently vandalised conductor at towers 29 to 31 is replaced.
“I have also been reliably informed that both conventional and local security have been engaged at Ula Ikata and Ihuike communities in Ahoada-East LGA of Rivers State to secure the site until other repair works are completed.
“While we battle to restore public power, our government has commenced a process to develop our own Independent Power Plant through the procurement and installation of new Gas Turbines.
“We are committed to ensuring steady electricity supply in the State in line with our ASSURED Prosperity Agenda.
“Happy New Week all as I officially proceed on my leave. Nua!”
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Ahmed Tinubu “to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies to promptly probe allegations that over N57 billion of public funds are missing, diverted or stolen from the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021 alone.”
The SERAP alleged that, “hundreds of billions of naira are also reportedly missing in other ministries, departments and agencies [MDAs].”
It maintained that the damning revelations are documented in the 2021 audited report released last week by the Office of the Auditor-General of the Federation.
The SERAP said, “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered and remitted to the treasury.”
Consequently, the SERAP urged him to “use any recovered stolen funds to fund the deficit in the 2025 budget, and to issue an immediate moratorium on borrowing by the Federal Government to ease Nigeria’s crippling debt crisis.”
In the letter dated 23 November 2024 and signed by its deputy director Kolawole Oluwadare, the SERAP stated, “The allegations amount to stealing from the poor. There is a legitimate public interest in ensuring justice and accountability for these grave allegations.”
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According to the SERAP, “The allegations also suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.”
The letter, read in part: “Poor Nigerians have continued to pay the price for the widespread and grand corruption in the Federal Ministry of Humanitarian Affairs and Poverty Alleviations and other ministries, departments and agencies [MDAs].”
“According to the 2021 annual audited report by the Office of the Auditor-General of the Federation, the Federal Ministry of Humanitarian Affairs and Poverty Alleviation, [the Ministry] in 2021 failed to account for over N54 billion [N54,630,000,000.00] meant to pay monthly stipends to Batch C1 N-Power volunteers and non-graduate trainees between August and December 2021.”
“The money was ‘not directly paid to the beneficiaries.’”
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury. He also wants suspected perpetrators of the diversion to be sanctioned in line with the Financial Regulations.”
“The Ministry also reportedly failed to account for over N2.6 billion [N2,617,090,786.00] of public funds meant for the ‘home grown school feeding programme during Covid-19’, as ‘the programme was never executed.’”
“The money was allegedly paid to five contractors to ‘procure, package and distribute Covid-19 palliatives to Kano, Zamfara and Abia states,’” but without any trace.
“The Auditor-General fears the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly spent over N78 million [N78,373,909.74] to ‘carry out a survey on the Ministry’s Covid-19 response to states and vulnerable groups’ but without any approval or document.”
“The Auditor-General fears the money may be missing or have ended up in the pockets of ‘incompetent contractors’. He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly failed to account for N39.5 million [M39,500,000.00] ‘personal donations to different personalities’. The money ‘was paid directly to the minister as reimbursement’.”
“The Auditor-General fears the ‘money may have been diverted’, resulting in ‘the loss of public funds.’ He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly failed to account for N400 million [N400,000,000.00] meant to pay ‘stipends to 4450 independent monitors for October, November and December 2021.’”
“The Auditor-General fears the money ‘may have been diverted’. He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly paid over N287 million [287,628,300.00] contractors ‘without any document and justification.’ The Auditor-General fears the money ‘may have been diverted’ and wants the money recovered and remitted to the treasury.”
“These allegations by the Auditor-General are different from the allegedly missing or unaccounted for N729 billion which is the subject-matter of the judgment by Justice Deinde Dipeolu.”
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”
“The country’s wealth ought to be used solely for the benefit of the Nigerian people, and for the sake of the present and future generations.”
“These allegations can promptly be investigated and suspected perpetrators named and shamed. Taking these steps would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”
“Prosecuting the allegations, and recovering any missing public funds would improve the chances of success of your government’s oft-repeated commitment to fight corruption and end the impunity of perpetrators.”
“SERAP urges you to address the widespread and systemic corruption in ministries, departments and agencies [MDAs], as documented by the Office of the Auditor-General of the Federation, including in the 2021 audited report and previous reports.”
“Tackling corruption in MDAs would go a long way in addressing the budget deficit and debt problems.”
“SERAP urges you to immediately enforce the judgment by Hon. Justice Deinde Isaac Dipeolu of the Federal High Court, Lagos, ordering your government to release the spending details of N729 billion by Mrs Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disasters Management and Social Development.”
“Investigating the allegations and naming and shaming and prosecuting those suspected to be responsible for the missing public funds and recovering the funds would end the impunity of perpetrators.”
“SERAP notes that the consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services.”
“SERAP notes that the Senate and the House of Representatives recently approved a $2.2 billion loan request from your government. The loan, equivalent to N1.767 trillion, would be part of the funds used to finance the N28.7 trillion 2024 budget.”
“According to the Debt Management Office (DMO), the national debt increased from ₦97.34 trillion in December 2023 to ₦121.67 trillion in March, partly due to exchange rate fluctuations.”
“The total domestic debt stands at ₦65.65 trillion (46.29 billion dollars), while the total external debt is ₦56.02 trillion (42.12 billion dollars) as at June 2024.”
“A moratorium on borrowing would create a temporary debt standstill, and free up fiscal space for investment in Nigerians’ needs.”
“Section 13 of the Nigerian Constitution imposes clear responsibility on your government to conform to, observe and apply the provisions of Chapter 2 of the constitution.”
“Section 15(5) imposes the responsibility on your government to abolish all corrupt practices and abuse of power.”
“Under Section 16(1) of the Constitution, your government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party obligate your government to effectively prevent and investigate the plundering of the country’s wealth and hold public officials to account for any violations.”
“Specifically, article 26 of the UN convention requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”
“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”
The Dangote Petroleum Refinery has announced a reduction in the price of Premium Motor Spirit (PMS), also known as petrol, to ₦970 per litre for oil marketers.
This new price, effective immediately, marks a ₦20 decrease from the refinery’s previous ex-depot price of ₦990 per litre, which was set earlier this month.
In a statement released on Sunday, Anthony Chiejina, the refinery’s Chief Branding and Communications Officer, explained that the price reduction is a way for the company to express its appreciation to Nigerians for their unwavering support in making the refinery a reality.
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“This decision is our way of thanking Nigerians for their unwavering support in making the refinery a dream come true,” Chiejina said.
The statement also highlighted the refinery’s gratitude towards the Nigerian government, acknowledging the role of government measures in supporting domestic businesses.
“In addition, this is to thank the government for their support, as this will complement the measures put in place to encourage domestic enterprise for our collective well-being,” the statement read.
Despite the price cut, the refinery reassured consumers that there would be no compromise on the quality of its products. “While the refinery would not compromise on the quality of its petroleum products, we assure you of best quality products that are environmentally friendly and sustainable,” the statement added.
The company also committed to ramping up production to meet domestic fuel consumption and alleviate concerns over potential supply shortages.
“We are determined to keep ramping up production to meet and surpass our domestic fuel consumption; thus, dispelling any fear of a shortfall in supply,” the statement concluded.
The price reduction is expected to save marketers approximately ₦20 per litre on purchases from the refinery’s Lekki-based plant.
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