ECOWAS court stops NBC from censoring political broadcast
ECOWAS Court of Justice has barred the Federal Government of Nigeria, through the National Broadcasting Commission (NBC) from censoring political programmes by broadcasting stations across the country.
The ECOWAS Court judgment was delivered on a matter brought before it by a Port Harcourt-based legal practitioner, Mr Festus Oguche and Crownfield Solicitors, challenging what the NBC called “Additional Regulations for Live Political Broadcast.” In the judgement delivered Tuesday by Justices Edward Asante, Dupe Atoki and Januaria Moreira Costa, upheld all seven points declarations sought by the plaintiff. The orders include perpetual injunction, restraining the federal government, its agencies, servants and proxies from further doing anything, either by way of official policy, directive, instruction and/or investigation that will in anyway impede against the existence and operations of free press in a democratic society, which is guaranteed as fundamental freedom. The court also held that the action of the defendant in directing that all live political broadcasts by broadcasting stations in Nigeria be referred to it was tantamount to censorship of free press and it was contrary to the fundamental freedom enshrined and guaranteed under African Charter on Human and Peoples’ Rights and the ECOWAS Protocol on Democracy and Good Governance. Other declarations upheld by the Court include that the NBC’s directive was against the provisions of the fundamental freedom enshrined and guaranteed under Sections 22 and 39(1) of the 1999 Constitution of the Federal Republic of Nigeria. The Court also declared that it was reckless by National Broadcasting Commission to have issued such instruction to broadcasting stations. The Federal Government had at the preliminary stages of the matter, raised objection to the jurisdiction of the court, which was overruled by the Court.
The said regulation dated May 30, 2014, was contained in a letter to all broadcasting stations across the country. The NBC’s directive was issued in the heat of the feisty campaigns that trailed the 2015 general election, in which it stated that “it has noted with worry, the increasing cases of abuse of political programmes as the country journeyed towards 2015, such that contents that threaten the unity and peace of the country are transmitted.”
The Commission had therefore, directed that it must be notified by broadcasting stations in writing, at least 24 hours, before a live transmission of a political programme. The Commission also charged broadcasting stations to conform with provisions of the NBC Code, and all broadcasters to take their social responsibility requirement seriously. But the plaintiffs had written NBC then, requesting the withdrawal of the “additional regulation for live political broadcasts”, which they described as tendentious and unnecessary and totally unacceptable in a democratic dispensation. Mr. Oguche also declared that the letter of the NBC to broadcasters in May 2014 was inconsistent with provisions of Section 39 (1) of the 1999 Constitution regarding freedom of expression and free press, and inimical to the fundamental objective and directive principles of state policy contained in section 22 of the Constitution. However, without any favourable response from NBC, Oguche had approached the Community Court of Justice of the Economic Community of West African State (ECOWAS) to challenge the action of the commission, being an agent of the federal government, which was named as the defendant. The plaintiff backed his suit no. ECW/CCJ/APP/10/15, with provisions in Article XIX of the African Charter on Human and Peoples’ Rights; the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights, and the ECOWAS Protocol on Democracy and Good Governance. Speaking after the judgment, Oguche noted that it was significance for broadcasting to be regulated by law and not at the whims of the federal government and its agents. He added that the Court has proved again that it will not allow government and its agencies to act arbitrarily and unilaterally in a manner that curtail freedom of the press and expression. Meanwhile, the Court has ordered the NBC to make a retraction of the May 2014 directive in a letter to all the broadcasting stations in the country and publish same in national newspapers. Andrew Orolua, Abuja
The ECOWAS Court judgment was delivered on a matter brought before it by a Port Harcourt-based legal practitioner, Mr Festus Oguche and Crownfield Solicitors, challenging what the NBC called “Additional Regulations for Live Political Broadcast.” In the judgement delivered Tuesday by Justices Edward Asante, Dupe Atoki and Januaria Moreira Costa, upheld all seven points declarations sought by the plaintiff. The orders include perpetual injunction, restraining the federal government, its agencies, servants and proxies from further doing anything, either by way of official policy, directive, instruction and/or investigation that will in anyway impede against the existence and operations of free press in a democratic society, which is guaranteed as fundamental freedom. The court also held that the action of the defendant in directing that all live political broadcasts by broadcasting stations in Nigeria be referred to it was tantamount to censorship of free press and it was contrary to the fundamental freedom enshrined and guaranteed under African Charter on Human and Peoples’ Rights and the ECOWAS Protocol on Democracy and Good Governance. Other declarations upheld by the Court include that the NBC’s directive was against the provisions of the fundamental freedom enshrined and guaranteed under Sections 22 and 39(1) of the 1999 Constitution of the Federal Republic of Nigeria. The Court also declared that it was reckless by National Broadcasting Commission to have issued such instruction to broadcasting stations. The Federal Government had at the preliminary stages of the matter, raised objection to the jurisdiction of the court, which was overruled by the Court.
The said regulation dated May 30, 2014, was contained in a letter to all broadcasting stations across the country. The NBC’s directive was issued in the heat of the feisty campaigns that trailed the 2015 general election, in which it stated that “it has noted with worry, the increasing cases of abuse of political programmes as the country journeyed towards 2015, such that contents that threaten the unity and peace of the country are transmitted.”
The Commission had therefore, directed that it must be notified by broadcasting stations in writing, at least 24 hours, before a live transmission of a political programme. The Commission also charged broadcasting stations to conform with provisions of the NBC Code, and all broadcasters to take their social responsibility requirement seriously. But the plaintiffs had written NBC then, requesting the withdrawal of the “additional regulation for live political broadcasts”, which they described as tendentious and unnecessary and totally unacceptable in a democratic dispensation. Mr. Oguche also declared that the letter of the NBC to broadcasters in May 2014 was inconsistent with provisions of Section 39 (1) of the 1999 Constitution regarding freedom of expression and free press, and inimical to the fundamental objective and directive principles of state policy contained in section 22 of the Constitution. However, without any favourable response from NBC, Oguche had approached the Community Court of Justice of the Economic Community of West African State (ECOWAS) to challenge the action of the commission, being an agent of the federal government, which was named as the defendant. The plaintiff backed his suit no. ECW/CCJ/APP/10/15, with provisions in Article XIX of the African Charter on Human and Peoples’ Rights; the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights, and the ECOWAS Protocol on Democracy and Good Governance. Speaking after the judgment, Oguche noted that it was significance for broadcasting to be regulated by law and not at the whims of the federal government and its agents. He added that the Court has proved again that it will not allow government and its agencies to act arbitrarily and unilaterally in a manner that curtail freedom of the press and expression. Meanwhile, the Court has ordered the NBC to make a retraction of the May 2014 directive in a letter to all the broadcasting stations in the country and publish same in national newspapers. Andrew Orolua, Abuja
