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.”
Otunba Segun Showunmi, a member of the Tinubu/Shettima Presidential Campaign Council (PCC) for 2027, has urged the South-East to assess President Bola Tinubu’s administration based on verifiable projects and measurable results rather than political propaganda.
Showunmi made the call in a statement posted on X on Saturday, urging Nigerians to evaluate the government’s performance based on infrastructure delivery, funds committed to projects and their impact on communities.
He said federal infrastructure initiatives targeting the South-East under Tinubu’s administration deserved serious scrutiny and factual assessment, adding that unfulfilled promises should continue to be pursued until the expected results were delivered.
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“Our message is clear: We will not trade facts for propaganda, nor accountability for political loyalty!” he said.
The political figure challenged critics of the administration to provide evidence to support their claims, while urging those defending the government to present the projects and demonstrate their impact.
He also called on government officials to publish relevant figures, disclose project timelines and provide measurable results, insisting that no public official should be exempt from scrutiny.
According to Showunmi, the South-East deserves infrastructure that supports economic growth, including roads that connect markets, investments that create jobs and policies that expand economic opportunities.
He maintained that political representation must translate into tangible benefits for citizens, stressing that public office should deliver value to the people.
As part of his call to action, Showunmi urged Nigerians to scrutinise government records, challenge misinformation with evidence and demand the completion of outstanding projects.
He further called for public commitments to be matched by measurable delivery, arguing that leadership should be assessed by facts and results rather than political rhetoric.
Ending his statement with the slogan, “Asiwaju is a goal,” Showunmi called for accountability and greater inclusion of the South-East in Nigeria’s development.
Showunmi is associated with The Alternative and is a member of the Tinubu/Shettima Presidential Campaign Council for the 2027 elections.
The Lagos State Traffic Management Authority (LASTMA) on Saturday announced a temporary road closure near Apostolic Church, inward Toll Gate, to allow engineers to install a beam on a height-restriction structure.
The agency said the installation was aimed at preventing high-rise trailers from accessing the newly constructed pedestrian bridge.
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“Currently, one lane has been occupied to facilitate the ongoing construction work, while the remaining two lanes are available to motorists,” LASTMA stated.
The agency advised road users to approach the affected corridor with caution and follow the directions of its personnel deployed to the area.
“Road users are advised to approach the affected corridor with caution and follow the directions of our personnel who are on ground to ensure the smooth flow of vehicular movement,” the statement added.
LASTMA also urged motorists to remain patient while the installation work continued.
“Motorists are encouraged to exercise patience while the installation work is in progress,” the agency stated.
Nigerian national Ekene Chukwuma has said he returned to Nigeria with assistance linked to Oseni Rufai rather than the Nigerians in Diaspora Commission (NiDCOM), while renewing allegations against the commission’s chairperson, Abike Dabiri-Erewa, over his travel documents.
Chukwuma made the remarks in an interview in which he explained how he returned to Nigeria after spending months at a deportation camp in India.
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“My name is Kenneth Chukwu, from Enugu State,” he said, introducing himself before explaining how he returned to the country.
“I came back here with the assist of Osini Roufai, a good friend of him,” he said.
Chukwuma denied that NiDCOM facilitated his return, alleging that the commission had published false information about his case.
“NiDCOM made a lots of false, uh, news acquisition against me, which is still in Abike Dabiri handle in Twitter,” he said.
He also accused Dabiri-Erewa of sharing his expired international passport and a travel certificate he claimed was issued six months after he entered the detention camp.
“He also, she also posted my international passport that expired. He also, she also posted my TC that issued after 6 months,” he said.
His comments renew questions surrounding the handling of his case and the circumstances under which he obtained the documents needed to return to Nigeria.
Chukwuma’s detention in India previously sparked a public disagreement between ARISE News presenter Oseni Rufai and Dabiri-Erewa over NiDCOM’s response to reports of his situation.
Oseni raised concerns about Chukwuma’s detention and the commission’s handling of the case, while Dabiri-Erewa defended NiDCOM’s position and explained the process for submitting information to the commission.
NiDCOM subsequently issued its account of Chukwuma’s detention, stating that he had been arrested in India over a visa overstay and addressing the circumstances surrounding his travel documents.
The differing accounts prompted public debate about the commission’s response to Nigerians facing immigration difficulties abroad.
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