NEWS
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.”
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:
- 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;
- 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;
- 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;
- 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;
- 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”;
- 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;
- 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.
The United States has delivered a fresh consignment of military equipment to the Nigerian Air Force as Washington and Abuja continue to deepen their security partnership in the fight against terrorism and other threats in the region.
The equipment was transported by a United States Air Force C-17 Globemaster III and delivered at locations in Lagos and Kainji, according to the United States Africa Command, AFRICOM.
SEE ALSO: Iran Strikes US Base, Targets 20 Vessels as Hormuz Crisis Deepens
AFRICOM announced the delivery on Thursday, describing it as another demonstration of the growing defence cooperation between the United States and Nigeria.
“Partnership in action,” the command said, explaining that the equipment was supplied under a Foreign Military Sales agreement between both countries.
AFRICOM said the delivery would support Nigeria’s efforts to counter terrorism in the region and further strengthen the defence partnership between Washington and Abuja.
Images released through the US Department of Defense’s visual information platform, DVIDS, showed the C-17 aircraft and personnel involved in the offloading of the equipment in Lagos and Kainji.
However, AFRICOM has not disclosed the specific type, quantity or financial value of the military equipment delivered.
The command also emphasised that the support was provided at Nigeria’s invitation and was intended to strengthen Nigerian-led counterterrorism operations while respecting the country’s sovereignty.
US-Nigeria Security Cooperation
The latest delivery comes less than a month after senior Nigerian and US officials met in Washington to review the countries’ security partnership.
National Security Adviser Nuhu Ribadu led a Nigerian delegation to the second session of the Nigeria-US Joint Working Group on August 13.
The meeting focused on several security issues, including counterterrorism, intelligence sharing, terrorism financing, border security, protection of vulnerable communities, internally displaced persons and military-to-military cooperation.
Nigeria’s Ministry of Foreign Affairs said the discussions were also aimed at reviewing the countries’ defence roadmap and determining the next phase of their security collaboration.
The latest military equipment delivery adds another layer to the expanding cooperation, particularly as Nigeria continues to battle terrorism and insurgency in parts of the country.
Expanding Counterterrorism Cooperation
US-Nigeria military cooperation has also expanded through joint counterterrorism efforts.
In May, AFRICOM, working with the Nigerian government, conducted an operation against ISIS targets in northeastern Nigeria. The operation killed Abu-Bilal al-Minuki, whom AFRICOM described as the group’s director of global operations, alongside other senior ISIS figures.
The US command subsequently carried out additional strikes against ISIS targets in northeastern Nigeria in coordination with Abuja.
The jostle for the position of the next Director-General (DG) of the institution that impacts Nigeria’s public health by regulating the making, importing, exporting, selling, and use of food, drugs, cosmetics, medical devices, chemicals, detergents, and packaged water is heating up.
Biztellers reports that with the second and final tenure of the incumbent DG, the National Agency for Food and Drug Administration and Control (NAFDAC), Prof Mojisola Adeyeye expected to statutorily end on December 1, 2027, several people have started canvassing openly to replace her.
READ ALSO: NAFDAC Before and After Adeyeye: Has the Agency Truly Changed?
Prominent among the contenders is a serving director of the Agency, Olatunde Isaac.
Isaac took to his verified handle on X to pitch his credentials to Nigeria’s president, Bola Ahmed Tinubu.
He wrote, “I have served at NAFDAC for nearly a decade and dedicated years of my career to the fight against counterfeit and substandard medicines and unsafe food products.
“My work in this area earned me the NAFDAC Director-General’s Merit Award in recognition of my contribution to the fight against fake food and drugs.
“Mr. President, I am not asking for a favour. I am offering competence, experience and a proven commitment to the national interest.
“Make me the Director-General of NAFDAC, give me the mandate and the institutional backing, and I will take the fight against counterfeit medicines and unsafe foods to an entirely different level.
“Within the first six months, I will target a minimum 60% reduction in the circulation of counterfeit and substandard medicines and unsafe regulated products, with the ultimate objective of driving the menace to the barest minimum within one year.
“Nigeria does not lack capable professionals. Sometimes, what is needed is simply the courage to put the right person in the right place.
“Give me the mandate. Give me the tools. I will deliver.
“Nigeria deserves a stronger, more effective war against fake drugs and unsafe foods.”
The Nigerian Upstream Petroleum Regulatory Commission has warned investors operating under the Nigerian Gas Flare Commercialisation Programme that they risk losing their permits if they fail to make substantial progress in developing their awarded flare gas sites within one year.
The warning is part of renewed efforts by the Federal Government to end routine gas flaring by 2030 and ensure that gas currently being wasted through flaring is converted into productive economic value.
The Commission Chief Executive, Oritsemeyiwa Eyesan, issued the warning during a working visit to the Minister of State for Petroleum Resources (Gas), Ekperikpe Ekpo, in Abuja on Wednesday.
ALSO READ: 172 HCDTs Incorporated — NUPRC
According to a statement issued by the NUPRC Head of Corporate Communications and Media, Eniola Akinkuotu, Eyesan provided updates on the implementation of the Nigerian Gas Flare Commercialisation Programme and other initiatives being undertaken by the commission.
Eyesan said the regulator would no longer tolerate situations where flare gas sites awarded to investors remain undeveloped for extended periods.
She explained that the commission conducts an assessment one year after an award is granted to determine whether the investor has made considerable progress.
“One year after an award has been granted, the Commission conducts an evaluation to determine whether there has been considerable progress,” Eyesan said.
She added, “Where there is insufficient progress, the Commission will take appropriate regulatory action, including revocation of the award where necessary.”
The NUPRC boss disclosed that 43 flare gas sites were initially identified for award under the programme, while 27 sites have so far been successfully awarded to investors.
She noted that implementation activities were currently ongoing at the awarded sites.
The Nigerian Gas Flare Commercialisation Programme was established to enable investors to utilise gas that would otherwise be burnt through routine flaring for commercially viable projects.
The programme is expected to reduce environmental pollution, create employment opportunities, generate additional revenue and increase gas supply for power generation, industries and other productive activities.
Nigeria currently has more than 215 trillion cubic feet of proven gas reserves, while its estimated total gas resource base stands at about 600 trillion cubic feet.
Meanwhile, Eyesan also disclosed progress in the implementation of the Host Community Development Trust framework established under the Petroleum Industry Act.
She said 173 Host Community Development Trusts had been incorporated, with 147 already funded. More than 1,001 projects are currently ongoing across host communities, while over 200 projects have been completed and commissioned.
Speaking during the visit, Minister of State for Petroleum Resources (Gas), Ekperikpe Ekpo, called for a more aggressive implementation of the country’s gas commercialisation programme.
Ekpo stressed the need to accelerate efforts to achieve Nigeria’s target of eliminating routine gas flaring by 2030.
He said the country must move away from practices that cause environmental pollution and focus on transforming its gas resources into valuable products and services that can drive economic growth.
“The core objective is to add value to our gas resources by converting them into critical products and services. We must move away from environmental pollution and toward productive resource utilization,” the minister said.
The latest warning underscores the NUPRC’s tougher stance on undeveloped flare gas assets as Nigeria seeks to turn its enormous gas resources into economic opportunities while reducing the environmental impact of gas flaring.
US Military C-17 Delivers Fresh Weapons, Equipment to Nigerian Air Force
NNPC Ltd Moots 70 Smart Stations
Edo Police Probe Officer Seen Firing Rifle During Clash With Traffic Officials
2027: Peter Obi Reveals Tinubu Policy He Will Keep If Elected President
Peter Obi Reveals New Strategy to Monitor 2027 Election Results From Polling Units
Bayelsa Teachers, Students Schooled in Emergency Health
Trump’s Family Unveils New Cryptocurrency Platform
Senate Denies Receiving Petitions Against Tinubu’s Ambassadorial Nominees
Dangote Cement Lights Up Benue Host Communities With CSR Initiatives
Reps Recommend 3-year Jail Term For Aviation minister
Tems Sets New Record On Billboard Hot 100 Chart
