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Terrorism reporting: SERAP sues Buhari, over unlawful fines on Daily Trust, others

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Terrorism reporting: SERAP sues Buhari, over unlawful fines on Daily Trust, others

Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID) have filed a lawsuit against President Muhammadu Buhari, asking the court to “declare arbitrary and illegal the N5 million imposed on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited and TelcCom Satellite Limited, over their documentaries on terrorism in the country.”

Joined in the suit as Defendants are Mr Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC).

The NBC had last week imposed the fines on the media houses, claiming that their documentaries “glorified the activities of bandits and undermines national security in Nigeria”, and contravene the provisions of the Nigeria Broadcasting Code.

But in the suit number FHC/L/CS/1486/2022 filed last Friday at the Federal High Court, Lagos, SERAP and CJID are seeking: “an order setting aside the arbitrary and illegal fines of N5 million and any other penal sanction unilaterally imposed by the NBC on these media houses simply for carrying out their constitutional duties.”

According to the plaintiffs: “The NBC and Mr Lai Mohammed have not shown that the documentaries by the media houses would impose a specific risk of harm to a legitimate State interest that outweighs the public interest in the information provided by the documentaries.”

The plaintiffs said: “The documentaries by these independent media houses pose no risk to any definite interest in national security or public order.”

The plaintiffs also said, “It is inconsistent and incompatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of ‘glorifying terrorism and banditry’ as justifications for suppressing access to information of legitimate public interest that does not harm national security.”

The plaintiffs also said, “The documentaries by the independent media houses are in the public interest, and punishing the media houses simply for raising public awareness about these issues would have a disproportionate and chilling effect on their work, and on the work of other journalists and Nigerians.”

According to the plaintiffs, “The action by the NBC and Mr Lai Mohammed is arbitrary, illegal, and unconstitutional, as it is contrary to section 39 of the Nigerian Constitution, and international human rights treaties including the African Charter on Human and Peoples’ Rights, which Nigeria has ratified.”

READ ALSO: Terrorism reporting: You have 48 hours to withdraw threat to sanction BBC, Daily Trust – SERAP to Buhari 

The suit filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “A fine is a criminal sanction and only the court is empowered by the Constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is unfair, illegal, and unconstitutional.”

“The grounds of ‘glorifying terrorism and banditry’ used as the bases for sanctioning the media houses are entirely contrary to constitutional and international standards on freedom of expression and access to information.”

“Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of nemo judex in causa sua which literally means one cannot be a judge in his own cause and audi alteram partem which means no one should be condemned unheard.”

“Article 19 (1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect ‘the right to freedom of expression,’ which includes the freedom to seek, receive and impart information, regardless of frontiers.”

“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order (ordre public), or of public health and morals’”

“Although article 19(3) recognizes ‘national security’ as a legitimate aim, the Human Rights Council, the body charged with monitoring implementation of the Covenant, has stressed ‘the need to ensure that the invocation of national security is not used unjustifiably or arbitrarily to restrict the right to freedom of opinion and expression.’”

“The grounds for imposing fines on these independent media houses fail to meet the requirements of legality, necessity, and proportionality.”

“The requirement of necessity also implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘glorifying terrorism and banditry’ and ‘national security’ are not used as a pretext to unduly intrude upon the rights to freedom of expression and access to information.”

The plaintiffs are also seeking the following reliefs:

  1. A DECLARATION that the act of the Defendants imposing a fine of Five Million Naira each on the independent media houses is unlawful, inconsistent with, and amounts to a breach of the principles of legality, necessity, proportionality and therefore a violation of the rights to freedom of expression, access to information, and media freedom;
  2. A DECLARATION that the use of the Broadcasting Code by the NBC to impose sanctions on the independent media houses for an alleged infractions without recourse to the court constitutes an infringement on the provisions of sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999 and Articles 1 and 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights to which Nigeria is a state party;
  3. A DECLARATION that the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code which are arbitrarily being used by the Defendants to sanction, harass, intimidate and restrict the independent media houses are inconsistent and incompatible with sections 36[1], 39 and 22 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights and are null and void to the extent of their inconsistency and incompatibility;
  4. A DECLARATION that the Defendants 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 the independent media houses for promoting access to diverse opinions and information on issues of public importance;
  5. AN ORDER OF COURT setting aside of the fine of Five Million Naira imposed by the Defendants, through the 3rd Defendant, each on Trust TV, Multichoice Nigeria Limited, TelCom Satellite Limited (TSTV) and NTA-Startimes Limited for televising the documentary by the British Broadcasting Corporation “BBC Africa Eye” titled “Bandits Warlords of Zamfara”;
  6. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants or any other authority, persons or group of persons from unlawfully shutting down, imposing fine, suspension, withdrawal of license or doing anything whatsoever to harass and intimidate or impose criminal punishment on the independent media houses or any of Nigeria’s journalists and media houses for promoting access to diverse information on issues of public importance;
  7. AND any other order or other order(s) that the Court deems fit to make in the circumstances

No date has been fixed for the hearing of the suit.

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BREAKING: Court Drops Charges Against 76 #EndBadGovernance Protesters

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A Federal High Court in Abuja has dismissed all charges against 76 individuals accused of participating in the nationwide #EndBadGovernance protests.

The ruling came after the Attorney General of the Federation (AGF), Lateef Fagbemi, moved to discontinue the case under orders from President Bola Tinubu.

READ MORE: N1.3trn Fraud: EFCC Arrests Ex-Delta Gov, Ifeanyi Okowa

Justice Obiora Egwuatu, presiding over the matter, struck out the charges after hearing a motion from the AGF’s representative, Director of Public Prosecution of the Federation (DPPF) Mohammed Abubakar.

Citing Section 174 of the 1999 Constitution, the AGF formally took over the case from the Inspector General of Police, then requested to drop all charges against the defendants, many of whom are minors.

The judge granted the AGF’s application without objection from defense counsel, ordering the immediate release of the accused, who were not present in court.

This decision follows a directive issued on Monday by President Tinubu, instructing the AGF to withdraw charges against the protesters.

 

 

 

 

More to follow………. 

 

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Fuel Pricing: PETROAN Accuses Dangote Refinery Of Monopoly

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The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.

Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.

READ MORE: Nigeria’s Debt Service Ratio Falls To 65% As Tinubu Tackles Economic Woes

PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.

The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.

In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.

Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.

According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.

They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.

PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.

The association aims to enter the market by December 2024, pending necessary regulatory approvals.

“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.

PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.

PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.

The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.

To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.

PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.

 

 

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Hardship: Let Us Intensify Prayers For Our Leaders – Sultan Of Sokoto Tells Nigerians

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Sultan of Sokoto, Sa’ad Mohammad Abubakar II, has called on Nigerians to avoid publicly criticizing their leaders, instead urging citizens to place their trust in God to address leadership concerns as He deems fit.

Speaking at the Regional Conference on Climate Change-Induced Conflicts in Northern Nigeria, organized by the Kaduna State Bureau of Interfaith in collaboration with International Alert, the Sultan emphasized faith and patience in navigating the country’s challenges.

READ ALSO: Gunmen Attack Police Facility In Owerrinta, Female Detainee Killed

Acknowledging Nigeria’s current economic and social hardships, the Sultan encouraged continuous prayer, not only for the nation but for its leaders as well.

“Even though many feel times are particularly hard, we believe relief will come. Let’s increase our prayers for our leaders, trusting God to address them in His way,” he said, expressing hope that divine intervention could bring stability and prosperity.

The Sultan reminded political leaders of their ultimate accountability to God, cautioning that they will stand alone on the Day of Resurrection, with only their deeds to support them.

“On that day, every leader will stand alone. Governors, advisers—none will have support except their own deeds. Let us act with a deep sense of responsibility and fear of God,” he stated.

Addressing religious leaders, he warned against misleading their followers for personal gain, underscoring the trust many place in their religious guidance.

“Only God can save any human being,” he said, encouraging Nigerians to remain faithful and discerning in their spiritual beliefs. “Focus on worshiping Allah and leave the rest to Him. Don’t follow those who might lead you astray.”

With leaders from various religious communities, including the President of the Christian Association of Nigeria (CAN), in attendance, the Sultan called for unity, resilience, and communal effort to tackle pressing issues such as climate change, poverty, and insecurity in the northern region.

He praised the North’s history of unity and resilience, warning against divisive narratives that threaten communal harmony. “When we are united, we can face any challenge and build a prosperous community,” he asserted.

The Sultan’s remarks come amid ongoing social and environmental issues in the region, including a recent surge in climate-related challenges that have exacerbated poverty and security threats.

In light of these issues, he called on both Muslims and Christians to intensify their prayers, saying, “Our country faces many challenges, and we must turn to God in prayer. Let us intensify prayers in our mosques and churches.”

 

 

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