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SERAP, 24 Others Drag FG To ECOWAS Court Over NBC Broadcasting Code
The Social and Economic Rights and Accountability Project (SERAP) and 24 concerned Nigerians have sued the President Muhammadu Buhari-led Federal Government, and the National Broadcasting Commission (NBC) at the ECOWAS Community Court of Justice in Abuja.
SERAP said the suit is over “the arbitrary use of the NBC Act and Broadcasting Code to target, harass, sanction, and fine independent television and radio stations in Nigeria, and to restrict Nigerians’ freedom of expression and access to information.”
The rights group is asking the ECOWAS Court to declare “illegal and contrary to Nigeria’s international human rights obligations the provisions of the NBC Act and Broadcasting Code frequently apply by the Federal Government and NBC to target, harass, intimidate, and impose sanctions on independent television and radio stations in the country.”
The suit is coming in the wake of the “‘bridge (breach) letter’ by the NBC asking Channels TV to explain why it interviewed the spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos for playing songs such as Falz’s ‘This is Nigeria’, Wande Coal’s ‘Iskaba’ and Olamide’s ‘See Mary, See Jesus’; and the N9million fines imposed on Channels TV, AIT and Arise TV (N3million each) over their coverage of the #EndSARS protests.”
In the suit number ECW/CCJ/APP/19/21 and filed last week, the Plaintiffs are arguing that “the rights to freedom of expression, access to information and media freedom allow Nigerians to seek and attain truth, which is an inherently good activity. These rights also allow Nigerians to participate in representative governance, social and political decision-making, which the Federal Government and NBC are obligated to foster and encourage.”
According to the Plaintiffs, “Attempts to justify restrictions on these fundamental rights and freedom on the overly vague grounds of incitement, morality and subversion of the constituted authority contradict the principles of the universality of human rights. Freedom of Expression is a fundamental human right and cannot be denied without lawful justification.”
The Plaintiffs are also arguing that, “the application of the Nigerian Broadcasting Act 1992 and Broadcasting Code to sanction independent television and radio stations is arbitrary, and has created an environment in which independent media houses are censored, or resort to self-censorship.”
The Plaintiffs state that, “despite the Freedom of Information Act in Nigeria which guarantees the right to access public records, the Federal Government and its agents and several states of Nigeria have routinely refused to release information sought.”
The Plaintiffs are also arguing that “a lot of Nigerians at home and abroad rely on independent television and radio stations including online on their coverage of topical issues of public interest to access impartial, objective and critical information about ideas and views on how the Federal Government and its agents are performing their constitutional and international human rights obligations.”
The suit filed on behalf of the Plaintiffs by their lawyers, Kolawole Oluwadare and Opeyemi Owolabi, read in part, “The low level of political tolerance for views perceived to be critical of government or offensive means that the press continues to be subject of scare tactics, harassment and intimidation.
“Censorship restricts the flow of information from the Federal Government and its agents about issues of public interest, preventing people from accessing critical information, expressing themselves, and denying them opportunities to assert other fundamental human rights.
“It also violates the rights of people to openly discuss issues relating to transparency and accountability in government, and prevents them from accessing information on a wide range of related concerns.
“The Federal Government and NBC should be stopped from using the broadcasting code or any other regulations and/or law to erode the sacred rights to freedom of expression, information and media freedom, which is the bedrock of the rule of law and sustainable democracy.
“The Federal Government and NBC have routinely breached the fundamental principles of media freedom and media plurality, which are a central part of the effective exercise of freedom of expression and access to information, and thereby undermined the ability of Nigeria’s independent media houses to function effectively.
“The persistent use of the NBC Act and broadcasting code by the Federal Government and the NBC is a blatant violation of the rights to freedom of expression, access to information and media freedom, as well as prohibition against self-censorship.
“The rights to freedom of expression, access to information and media freedom promote diversity in forms of individual self-fulfillment and human flourishing, which the Federal Government and its agents ought to cultivate to achieve a tolerant and welcoming environment for the sake of good governance, the rule of law and respect for human rights.
“The Federal Government and NBC have violated the right of Nigerians to objective and impartial news coverage and reportage, as they continue to impermissibly restrict individuals’ rights to freedom of expression, access to information, and press freedom in Nigeria.
“The Federal Government and NBC have seriously undermined the ability of independent media houses to practice journalism free from undue interference, to cover diverse views that are crucial to the exercise of many other rights and freedoms.”
The Plaintiffs are therefore asking the ECOWAS Court of Justice for the following reliefs: “A Declaration that the application of the provisions of the National Broadcasting Commission Act 1992 and the Nigeria Broadcasting Code by the Defendant and its agent to impose sanctions and penalties on independent television and radio stations is inconsistent and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
“An Order setting aside the sum of N5million or any other form of penal sanction unilaterally imposed by the Defendant and its agents on Channels TV and/or on any such other television and radio stations.
“An Order directing the Defendant and its agents to immediately repeal and/or amend the National Broadcasting Commission Act and the Nigerian Broadcasting Code and bring them into conformity with Nigeria’s international human rights obligations.
“An Order of Perpetual Injunction restraining the Defendant and its agents from unlawfully imposing sanctions fines or doing anything whatsoever to harass Channels TV and any other television and radio stations in violation of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights
“Such further order or orders the Honourable Court may deem fit to make in the circumstances of this suit.”
SERAP said no date has been fixed for the hearing of the suit.
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Fubara Reaffirms Commitment To Peace, Development
Governor of Rivers State, Sir Siminalayi Fubara, has reaffirmed the unwavering commitment of his administration to peace, unity, security, and inclusive development as Rivers State marked its 59th anniversary, last Wednesday.
In a goodwill message issued on Wednesday to commemorate the anniversary, Governor Fubara stated that despite the challenges faced over the years, the people of Rivers State have continued to demonstrate resilience, strength, and an enduring spirit of unity that has sustained the state since its creation.
The Governor noted that the strong bond of brotherhood among the various ethnic nationalities of the state, including the Ijaw, Ikwerre, Ogoni, Etche, Ekpeye, Andoni, Kalabari, and others, remains one of Rivers State’s greatest strengths and a critical foundation for peace, stability, and progress.
He further observed that Rivers State has remained a major driver of Nigeria’s economy for decades, not only because of its abundant oil and gas resources, but also because of the exceptional contributions of its people across diverse sectors including academia, jurisprudence, business, entertainment, public service, and sports.
Governor Fubara assured the people that his administration will continue to prioritize policies and programmes that promote peace, protect lives and property, and expand development across all parts of the state. He emphasized that governance must be people centered and impactful, with equal attention given to every Local Government Area of the state.
The Governor also paid tribute to the elders and founding leaders of the state for preserving the spirit of unity and coexistence over the years, while urging the youths to remain hopeful, responsible, and actively committed to building a greater Rivers State through innovation, hard work, and patriotism.
He equally acknowledged the invaluable role of women in strengthening families, communities, and society, describing them as indispensable partners in the continued growth and stability of the state.
Governor Fubara called on all Rivers people to use the occasion of the anniversary as a moment of reflection and renewed commitment to peaceful coexistence, mutual respect, dialogue, and collective progress, stressing that the unity and future of Rivers State must always rise above personal interests and political differences.
Rivers State was created on May 27, 1967, by General Yakubu Gowon.
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WASSCE: RSG Distributes Science Materials To Secondary Schools
The Rivers State Government has distributed science equipment and materials to all senior secondary schools across the state to support students during the ongoing West African Examinations Council exams and to strengthen practical learning.
Flagging off the distribution at the Rivers State Senior Secondary Schools Board premises in Port Harcourt, on Monday, the State Commissioner for Education, Dr. Peters Nwagor, said the move demonstrates Governor Siminalayi Fubara’s commitment to improving education standards in the State.
Nwagor said the materials were approved and provided by the state government specifically to boost the teaching and learning of science subjects, describing science education as the foundation for technological advancement, innovation, and national development.
“No society can compete globally without deliberate investment in science and technology,” the Commissioner stated.
He commended the governor for consistently prioritising the education sector by providing tools needed for effective teaching and hands-on learning.
The Commissioner directed principals to ensure that the equipment are used strictly for practical lessons in their schools, warning that any principal or administrator found diverting, hoarding, or selling the materials wil face disciplinary action under public service regulations.
Nwagor also warned against examination malpractice, saying any principal found aiding or encouraging malpractices will be decisively sanctioned.
“We must collectively restore the dignity and credibility of our educational system,” he said.
Also speaking, Chairman, Rivers State Senior Secondary Schools Board, Tony Egwurugwu, urged school heads to make judicious use of the materials for students’ benefit.
He thanked the State Government for providing the resources, and assured that monitoring mechanisms would be put in place to ensure the materials serve their intended purpose.
In his own remarks, a Board Member for Technical Education, Nwisabari Bani Samuel, expressed appreciation to the governor for prioritising education and acknowledged the Commissioner’s role in advancing education development in the State.
He said the distribution covers all senior secondary schools in the State and is intended to improve students’ performance in both internal and external science examinations.
Akujobi Amadi
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