NEWS
Court Strikes Down NBC’s Power To Fine Media Houses, Declares Actions Unlawful
The Federal High Court in Lagos has ruled that the National Broadcasting Commission (NBC) lacks the legal authority to impose fines or unilaterally penalize independent media organizations in Nigeria.
The judgment effectively nullifies the N5 million fines imposed on four media outlets in 2022 and restricts the NBC from further sanctions without judicial oversight.
The ruling, delivered by Justice Nicholas Oweibo in June 2024, followed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
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The certified true copy of the judgment was made public last Friday.
Justice Oweibo held that the NBC’s imposition of fines on Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite Limited violated constitutional rights, including freedom of expression and access to information.
He described the sanctions as unlawful, emphasizing that the NBC had acted without proper legal authority.
“The NBC and its agents lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance,” Justice Oweibo declared.
The court also struck down the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code that had been used to justify the penalties, describing them as inconsistent with the Nigerian Constitution and international human rights laws.
Fines on Media Outlets Overturned
In 2022, the NBC fined the media houses N5 million each for airing documentaries on terrorism, including the BBC’s Africa Eye production “Bandits Warlords of Zamfara.”
The commission alleged that the documentaries glorified banditry and threatened national security.
Justice Oweibo dismissed these claims, stating that the NBC’s actions breached constitutional safeguards and undermined judicial due process.
“A fine is a criminal sanction, and only the court is empowered by the Constitution to impose it,” the judge ruled.
SERAP and CJID’s Legal Standing Upheld
The court also addressed NBC’s challenge to the legal standing of SERAP and CJID in filing the lawsuit. Justice Oweibo ruled that the organizations were well within their rights to sue, describing the case as one of significant public interest.
“SERAP and CJID have been vested with locus standi… Considering their core mandates and the affidavit in support of their suit, it is to be seen that this is a public interest case,” he said.
The judge added that NBC’s actions violated fundamental rights under sections 22, 36, and 39 of the Nigerian Constitution, as well as Articles 1, 7, and 9 of the African Charter on Human and Peoples’ Rights.
The court granted several declarations and orders in favor of the plaintiffs, including:
A declaration that the fines imposed on the media houses were unlawful and violated the principles of legality and proportionality.
An order setting aside the N5 million fines imposed on Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite Limited.
A perpetual injunction restraining the NBC from imposing further penalties on media houses without judicial authorization.
Reactions to the Judgment
Kolawole Oluwadare, Deputy Director of SERAP, welcomed the judgment and urged immediate compliance.
“We urge the NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgment of the court,” he said.
Oluwadare also called on President Bola Tinubu to direct relevant authorities, including the Ministry of Information and Culture, to disclose agreements impacting media freedom, such as the NBC’s deal with Twitter.
“The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression, and media freedom in Nigeria,” he added.
This ruling is seen as a significant victory for press freedom in Nigeria, particularly as journalists and media organizations face increasing regulatory scrutiny.
Legal experts say the judgment reaffirms the judiciary’s role in protecting fundamental rights and ensures that regulatory bodies like the NBC operate within the bounds of the law.
Justice Oweibo emphasized the need to protect public interest, noting that punishing media houses for documentaries addressing critical security issues could have a chilling effect on journalism.
NEWS
Ibadan Funfair Tragedy: Former Ooni’s Wife, Others Remanded Over Stampede
A Chief Magistrate’s Court in Iyaganku, Ibadan, has ordered the remand of Naomi Silekunola, the former wife of the Ooni of Ife, along with Oriyomi Hamzat, the CEO of Agidigbo FM, and Abdullahi Fasasi, the Principal of Islamic High School, at the Agodi Correctional Centre.
The trio was arraigned on Tuesday in connection with the recent tragic stampede that occurred during a Christmas funfair at Islamic High School, Bashorun, Ibadan.
The incident, which claimed the lives of 35 children and injured six others, has drawn widespread public and legal attention.
Presiding over the case, Chief Magistrate Olabisi Ogunkanmi issued the remand order following charges brought against the defendants. The police prosecutor stated that their alleged offences contravened Section 324 of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000.
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The prosecution accused the defendants of being involved in the organization of the event, which turned disastrous, leading to the stampede. Pending legal advice from the Oyo State Director of Public Prosecutions, the court directed their detention at the correctional facility.
The court session, held amidst heavy security, attracted significant public interest. Law enforcement officers were seen providing tight security as the suspects were escorted to and from the courtroom.
Further updates on the legal proceedings are expected as investigations continue.
NEWS
Labour Kicks Against N935/Litre Petrol, Wants More
A cry has gone out for further reduction of the pump prices of premium motor spirit (PMS) in Nigeria to reflect local domestic production of refined products.
The Nigeria Labour Congress (NLC)has urged further reduction in the pump price of Premium Motor Spirit (PMS) otherwise known as petrol, insisting that the recent drop in price to N935/litre was begging the situation.
Recall that the Dangote Petroleum Refinery in partnership with MRS recently announced a reduction in petrol price to N935/litre.
Before the announcement, the commodity sold for over N1,030/litre in Lagos and environs, while it cost more than N1,060/litre in Abuja and Northern states.
ALSO READ: CSOs Urge Further Reduction Of Pump Prices Of Petrol
In a swift reaction, on Sunday, the Independent Petroleum Marketers Association of Nigeria (IPMAN) said its members would be selling petrol at N935/litre from Monday based on the latest arrangement with the Dangote Petroleum Refinery.
IPMAN’s National President, Maigandi Garima,, according The Punch, said the reduction in Dangote refinery’s ex-depot price for petrol and the uniform arrangement being put in place, would enable marketers to sell at N935 in their outlets nationwide.
They had set aside N36/litre as cost of logistics.
However, the announcement did not excite the NLC, which insisted on Monday that the cost of petrol should drop further.
A senior official of the NLC, Chris Onyeka, unequivocally rejected any commendation for the Federal Government and the Nigerian National Petroleum Company Limited (NNPC Ltd) over the recent reduction in the pump price of petrol.
He argued that the current pricing mechanism does not reflect the true cost of the commodity, according to The Punch.
“Do you want us to clap for them? How can we be okay with a price of N935/litre of PMS? This is not the right price for PMS. You cannot base the price on imported products when we have refining capacity in Nigeria,” he said.
He argued that the costs embedded in the current pricing framework — including foreign labour, freight charges, insurance, logistics, and profits accrued abroad — unfairly burden Nigerians.
“Products are refined in Nigeria, yet the price you give Nigerians is based on imported products. Why should we applaud that? It is akin to someone stealing your money and returning only part of it, then expecting you to clap. We cannot applaud this,” he stated.
Onyeka stressed that the only way to ascertain the correct price of PMS is by determining the actual cost of refining it domestically.
“We need to know how much it costs the NNPC to refine a litre of PMS in our local refineries, such as the Port Harcourt refinery. That is the price Nigerians should be paying,” he emphasised.
He called on the government to prioritise the welfare of Nigerians by ensuring that fuel pricing aligns with local realities.
“This country belongs to all Nigerians. Let the government do the right thing that allows Nigerians to breathe. Let the poor breathe.
“The NLC’s position underscores growing discontent among Nigerians over the rising cost of living, with fuel prices being a major contributor to inflation and economic hardship,” he stated.
NEWS
No Regrets On Subsidy Removal, Tax Reforms To Continue – Tinubu
President Bola Tinubu, during his first Presidential Media Chat aired on the Nigerian Television Authority on Monday, reaffirmed his administration’s commitment to the ongoing tax reforms and subsidy removal, maintaining that the measures are essential to securing Nigeria’s economic future.
The tax reforms, designed to eliminate colonial-era practices and widen the tax net, have faced significant resistance from some quarters, particularly from northern lawmakers and governors. Despite this, Tinubu declared, “Tax reform is here to stay. We cannot just continue to do what we were doing yesteryears in today’s economy.”
The reforms, encapsulated in four bills transmitted to the National Assembly, aim to streamline taxation and revenue generation.
However, critics, including Borno State Governor, Babagana Zulum, have argued for caution. “The Petroleum Industry Bill took almost 20 years before it was finally passed. This tax reform bill is being transmitted and receiving legislative attention within a week. It should be treated carefully and with caution,” Zulum said in an interview with BBC.
Despite calls for broader consultations and delays, Tinubu emphasized the pro-poor nature of the reforms, noting that the vulnerable would not be taxed. “The essence of the tax reform is to eliminate colonial-based assumptions in our tax environment,” he stated.
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No Regrets Over Subsidy Removal
Addressing the economic hardship resulting from the removal of the petrol subsidy, Tinubu defended his decision as necessary to prevent Nigeria from “spending its future.” He dismissed the notion of a phased removal, stating, “Phased removal is part of unnecessary fear. No matter how you cut it, you still have to meet the bills.”
The President highlighted the benefits of subsidy removal, pointing out that the policy had curtailed smuggling and freed up resources for more productive uses. “There is no way that you give out fuel and allow all the neighbouring countries as Father Christmas. I don’t have any regret whatsoever in removing the subsidy,” he said.
Tackling Inflation and Corruption
Tinubu also discussed his administration’s strategies to reduce inflation, emphasizing local production and import reduction. “If one produces more for consumption locally, stop imports, give a reasonable level of funding and assistance… we have what it takes,” he explained.
On corruption, the President cited increased earnings for workers and stricter oversight by anti-corruption agencies as key measures. He pointed to the recent seizure of hundreds of properties reportedly owned by a former Central Bank Governor as evidence of his administration’s efforts. “Part of the anti-corruption is removal of subsidy. It is very difficult to eliminate but you reduce it to the barest minimum,” Tinubu stated.
Food Stampedes and Governance
The President expressed condolences over recent tragic stampedes during food distribution events, attributing the incidents to poor organization by event planners. “If you don’t have enough to give, don’t attempt to give or publicize it,” he warned.
Tinubu concluded by reaffirming his commitment to efficient governance and economic reforms, stating, “The hallmark of a good leader is the ability to do what you have to do at the time it has to be done.”
The reforms continue to spark nationwide debates, with stakeholders divided over their potential long-term impacts.