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Withdraw NBC Codes On ‘Insult Of Govs, Elders, Leaders’, SERAP Tells Buhari
The Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to “urgently instruct Minister of Information and Culture, Mr Lai Mohammed; and the National Broadcasting Commission (NBC) to withdraw the apparently illegal Broadcasting Code and Memo threatening to sanction any broadcast that denigrates, disrespects, insults, and abuses president, governors, lawmakers, and other elders and leaders in authority.”
SERAP also asked President Buhari to “instruct Mr Mohammed and the NBC to immediately rescind the fine of N5million imposed on Nigeria Info 99.3 FM radio station, following reported comments by a former Deputy Governor of the Central Bank of Nigeria, Obadiah Malafia, during an interview with the station.”
The NBC, had last week, reportedly issued a stern warning to journalists and broadcast stations, stating: “To denigrate our governors, lawmakers, elders and leaders in abusive terms is not our culture. We respect our leaders as a positive cultural value. The commission may be compelled to impose sanctions where stations fail to curb this practice.”
In the letter dated August 15, 2020, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said: “Rather than pushing to enforce a culture to respect president, governors, lawmakers, elders, and other leaders, Mr Mohammed and the NBC should use their entrusted public office and mandates to promote a culture of public debate, access to information, transparency and accountability in government.”
According to SERAP: “nothing can be more destructive to people’s exercise of basic human rights, and to democratic politics than the suppression of the media, and media freedom. The alleged ‘cultural codes’, which Mr Mohammed and the NBC are now using to punish journalists, broadcast stations and other Nigerians are patently contrary to the public interests.”
SERAP said: “the implementation of the code and the memo would further deter meaningful citizens’ engagement, and have a chilling effect on Nigerians’ human rights, particularly the rights to freedom of expression and access to information, undermine the idea of representative democracy, as well as make public officials less responsive to the people.”
The letter, a copy of which was sent to Mr Lai Mohammed, read in part: “We would be grateful if the requested action and measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then that the measures have been taken, the Registered Trustees of SERAP shall take all appropriate legal actions to compel you to do so in the public interest.
“Our requests are entirely consistent and compatible with the Nigerian Constitution of 1999 (as amended), and the country’s international legal obligations, including under the UN Convention against Corruption, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, to which the country is a state party.
“SERAP is seriously concerned that the implementation of the code and the memo would lead to unjust punishment and self-censorship among journalists and the media, and exacerbate the growing level of impunity for attacks on media freedom.
“Self-censorship would undermine media freedom and the right to receive and impart information, public debate and further impair the ability of Nigerians to hold to account public officials and politicians accused of grand corruption.
“SERAP is concerned that the action by Mr Mohammed and NBC has further undermined public trust in government and politicians, as it shows that public officials are taking for granted their entrusted public functions, and accountability to Nigerians.
“The speed at which the code and the memo have been issued and applied may lead to public suspicion that the authorities are deliberately pushing to undermine the ability of journalists and the media to report on public interest issues, such as the growing poverty, widespread violence and killings, poor quality education, poor infrastructure and lack of access of millions of Nigerians to basic public goods and services.
“SERAP is concerned that rather than addressing these matters of public interest and revelations of massive allegations of corruption and mismanagement in ministries, departments and agencies (MDAs), your government is devoting time and energy to stop the media and journalists from reporting on the issues.
“Transparency would build trust and confidence in the government. The public interest in transparency and public monitoring of the use and management of the country’s natural wealth and resources by politicians outweighs any perceived cultural injunctions of ‘respect for president, governors, lawmakers and other leaders.
“Transparency will mean little without media freedom, which is important to shine a light into government activities and bring matters to the attention of the public. Public debate and access to information would promote a culture of transparency, and accountability, which in turn would facilitate Nigerians’ right to participate in their own government.
“In a truly representative democracy that Nigeria is striving to become, those who venture into public life, whether in the capacity of president, governor, or lawmakers, must expect to have their constitutional and public functions subjected to scrutiny and public discussion.
“By allowing journalists and the media to freely and independently perform their roles of informing the public, Nigerians will be able to monitor and keep politicians on a tighter leash, which will contribute to good government.
“The code and the memo are illegal, unconstitutional and amount to a misuse of public office insofar as they blatantly fail to follow due process of law, meet basic constitutional and international fair trial standards, and a strict three-part test of legality, necessity and proportionality.
“According to the UN Human Rights Committee, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion.
“Similarly, the European Court of Human Rights has repeatedly held that freedom of expression constitutes one of the essential foundations of a democratic society. It is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend shock or disturb the State or any sector of the population.
“According to our information, the NBC on Thursday, August 13, 2020, reportedly sent a ‘memo’ to journalists and broadcasters threatening to ‘sanction and punish them if they violate a culture stopping them from denigrating, disrespecting, insulting, and abusing president, governors, lawmakers, and other elders and leaders in authority.
“In the memo reportedly signed by Zonal Director of the NBC Lagos Office, Mr Chibuike Ogwumike, the NBC cited the provisions of the Broadcasting Code: Section 3.1, Professional Rules: 3.1.1, and Broadcasting Code: 3.1.19 to justify the existence of such culture to respect public officials and other elders and leaders in authority in the country.”
SERAP, therefore, urged Buhari to urgently: “Instruct the Mr Lai Mohammed and the NBC to immediately withdraw the code and memo to journalists and broadcasters threatening to sanction and punish them on the basis of cultural codes prohibiting them from denigrating, disrespecting, insulting and abusing president, governors, lawmakers, and other elders and leaders in authority;
“Instruct Mr Lai Mohammed and the NBC to immediately rescind the apparently illegal fine of N5m imposed on Nigeria Info 99.3 FM radio station; propose and promote rules and codes that would ensure a culture of public accountability, prevent grand corruption, curtail abuse of power by public officials and politicians, as well as improve a democratic relationship and engagement between citizens and the government;
“Publicly commit to enforce constitutional and international human rights of journalists and the media and all Nigerians, and to faithfully fulfil your constitutional oath of office; publicly commit to restore public trust in government, and to respect and protect the constitutional rights of journalists and the media to report on allegations of corruption and other socio-economic challenges confronting the country,” SERAP added.
The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.
The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.
The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.
Akujobi Amadi
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