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SERAP Wants Gag Order Declared Illegal
The Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development have filed a lawsuit against President Muhammadu Buhari and Minister of Information and Culture, Mr Lai Mohammed, asking the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom, and Nigerians’ freedom of expression and access to information.”
Joined in the suit as Defendant is the National Broadcasting Commission (NBC).
The suit followed the directive by the NBC asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.
In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP and PTCIJ are seeking, “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed or any other persons from imposing fines or other sanctions on broadcast stations for carrying out their constitutional duties of reporting details of terrorist attacks and victims during daily newspaper reviews.”
In the suit, SERAP and PTCIJ are seeking “an order to compel and direct the NBC and Mr Lai Muhammed to withdraw the directive asking journalists and broadcast stations to stop reporting details on terrorist attacks and victims, as the directive is unlawful and inconsistent with the Nigerian Constitution of 1999 [as amended], and the country’s international human rights obligations.”
SERAP and PTCIJ are also seeking “an order setting aside the directive on reporting of terrorist attacks and victims, for being inconsistent and incompatible with sections 22 and 39 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.”
According to SERAP, “Unless the reliefs sought are urgently granted by this Honourable Court, the directive by the NBC and Mr Lai Muhammed would be used to impermissibly restrict Nigerians’ rights to freedom of expression, access to information, media freedom, and victims’ right to justice and effective remedies.”
SERAP and PTCIJ are arguing that “the failure by the government of President Buhari to direct the NBC to withdraw its directive on reporting of terrorist attacks and victims violates sections 5(a) and (b), 147 and 148 of the Nigerian Constitution, Code of Conduct for Public Officers (Fifth Schedule Part 1), and Oath of office (Seventh Schedule) of the Constitution.”
SERAP and PTCIJ are also seeking “a declaration that sections 5.4.1(f) and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 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.”
According to SERAP and PTCIJ, “The NBC directive fails to establish a direct and immediate connection between the reporting by broadcast stations and purported risks to national security and peace. The NBC is using ‘national security’ as a pretext to intimidate and harass journalists and broadcast stations, and to violate Nigerians’ rights to freedom of expression and access to information.”
SERAP and PTCIJ are also arguing that, “Factual reporting on the growing violence in some parts of Nigeria is a matter of public interest. National security considerations should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.”
The suit filed on behalf of SERAP and PTCIJ by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part, “The NBC and Mr Lai Muhammed lack the power and authority to restrict the ability of journalists and broadcast stations to carry out their constitutional duties and to unlawfully impose penalty such as fines and other sanctions on any journalists and broadcast stations for reporting on details of terrorist attacks and victims in the country.
“SERAP and PTCIJ together with several millions of Nigerians easily access information, news and form opinions on government policies through the daily newspaper reviews by journalists and broadcast stations in Nigeria.
“While the NBC has the powers to make rules to enable it perform its statutory functions under section 2(1) (a) to (u) of NBC Act, such statutory powers ought to be exercised in line with the Nigerian Constitution, and the country’s international human rights obligations.
“The pertinent questions that arise from the directive are: Who determines what would amount to ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ during the daily review of newspaper headlines? What constitutes ‘divisive materials’ during the daily review of newspaper headlines by journalists and broadcast stations?
“In law, a regulation that is vague and loose in its scope cannot be used to take away constitutionally and internationally recognized human rights to freedom of expression, access to information, and media freedom.
“The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified, as Nigerian authorities have failed to show that reporting of terrorist attacks and victims would impose a specific risk of harm to a legitimate state interest that outweighs the public’s interest in such information.
“The Constitution is the ground norm and the fundamental law of the land. All other legislations in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document.
“The Courts as the veritable agency for the protection and preservation of rule of law should ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.
“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”
No date has been fixed for the hearing of the application for interim injunction, and the substantive suit.
The Mayor of Housing, My-ACE China, has teamed up with a renowned hospital group in Port Harcourt, the Meridian Hospitals, which is in partnership with the Pilgrims Health Foundation, to carry out a one-day medical outreach last Tuesday.
The free treatment scheme took place at Oromenike Government Girls Secondary School in D-Line, Port Harcourt, with over 100 persons accessing free treatments, including free eye-glasses and booking for eye surgeries.
Other areas of treatment included general health consultations and treatment; blood pressure and sugar level testing; malaria testing and treatment; free prescriptions; preventive health talks focusing on hygiene, maternal health, and nutrition.
The scheme was conducted under the theme: ‘Bringing Healthcare to the Community.’
Newsmen who visited the venue of the scheme found that enthusiastic beneficiaries had thronged the area as early as 7a.m. After setting up, the medical team began attending to the patients.
Mr. Jerry Onwuso, a 63-year-old patient, who was first to see eye doctors and got eye glasses and drugs, told newsmen that he was pleased with the medical intervention.
He made it clear he did not pay any money to get all the treatments and glasses, and pleaded that the scheme be sustained.
Another patient, Loveth Sam, expressed satisfaction with the scheme and appealed to the sponsors to continue to increase the benefits.
Throwing some light on the scheme, Mr. China said he worked in Meridian Hospitals as a Lab. Scientist 19 years ago, but resigned because he could not bear to see patients struggling for life because they had no money to pay for treatment.
He said he came back to help extend free medical treatment to the less privileged.
Sources said China was always having issues with the hospital authorities when he would insist on critical patients being allowed to be treated first, with or without money.
Years later, China, who now goes by a brand name, the Mayor of Housing, returned to the Meridian Hospital headquarters to support free medical scheme.
He also went the next day to the headquarters of Meridian, after the one-day medical outreach, to give cash gifts and palliatives to workers he met when he worked there but had remained in service since he left.
He encouraged them to continue to give their all to humanity through the hospital. The Mayor of Housing called most of them by name and a cloud of emotions descended on them during the reunion.
Appreciating the gesture, the Founder and Chief Medical Director, Dr. Iyke Odo, said China had always manifested hard-work, ambition, and impulsive giving.
According to him, the then young bright boy was full of humanity, kindness, love, and made friends easily, adding that “not everybody that gives is a giver. The difference is that givers are given to give.”
Dr. Odo used the opportunity to call on governments to review Nigeria’s health insurance system and make it work in Nigeria to save lives.
He said it was sad watching critically sick persons abandoned because they did not have money for treatment.
He also condemned harsh tax and electricity tariffs whereby facilities like his now pay N12 million instead of N500,000 few years back.
He wondered why hospitals were being made to pay tariffs like oil companies, citing many other countries where medical facilities were placed on low rates and tariffs so they could charge moderate fees from patients.
The Renewed Hope Initiative in conjunction with the Rivers State Government has empowered 500 elderly citizens in Rivers State with financial support of N200,000 each.
The empowerment programme was part of activities to celebrate the third anniversary of the Renewed Hope Initiative Elderly Support Scheme RHIESS, a social investment policy initiated by the First Lady of the Federal Republic of Nigeria, Senator Oluremi Tinubu.
Speaking at the event which held at the Government House, Port Harcourt, recently, under the theme, ‘Finding Joy in Old Age,’ Senator Tinubu said the gesture which has become traditional since 2023 was a mark of gratitude in recognition of the invaluable contributions of the senior citizens to nation building.
The First Lady who was represented by the wife of the Rivers State Governor and State Coordinator of the Renewed Hope Initiative, Lady Valerie Fubara, said the scheme was to “support two hundred and fifty (250) vulnerable elderly citizens aged 65 and above in all the 36 states of the federation, the Federal Capital Territory, and veterans from the Defence and Police Officers’ Wives Association (DEPOWA) totalling 9,500 selected beneficiaries across the nation.
She urged the beneficiaries to engage in activities that will make them find joy in old age.
“I encourage you to continue playing your part by staying healthy and active, nurture both your body and mind through regular exercise and meaningful engagement,” Senator Tinubu advised.
On her part, Lady Fubara said the State Government through the magnanimity of the governor, Sir Siminalayi Fubara, has increased the beneficiaries of the programme from 250 to 500.
She restated the commitment of the State Government towards provision of social welfare and improving the standard of living of the elderly in the State.
Also speaking, the Executive Secretary, Rivers State Contributory Health Protection Programme (RIVCHPP), Dr Vetty Agala, said the State Government has through the Health4allrivers Initiative, introduced free medical care for senior citizens in the State, in line with the Renewed Hope Initiative.
