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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.
Rivers State Governor, Sir Siminialayi Fubara, has dissolved the State Executive Council.
The governor announced the cabinet dissolution yesterday in a statement titled ‘Government Special Announcement’, signed by his new Chief Press Secretary, Onwuka Nzeshi.
Governor Fubara directed all Commissioners and Special Advisers to hand over to the Permanent Secretaries or the most Senior officers in their Ministries with immediate effect.
He thanked the outgoing members of the State Executive Council for their service and wished them the best in their future endeavours.
The three-paragraph special announcement read, “His Excellency, Sir Siminalayi Fubara, GSSRS, Governor of Rivers State, has dissolved the State Executive Council.
“His Excellency, the Governor, has therefore directed all Commissioners and Special Advisers to hand over to the Permanent Secretaries or the most Senior officers in their Ministries with immediate effect.
“His Excellency further expresses his deepest appreciation to the outgoing members of the Executive Council wishing them the best in their future endeavours.”
The Independent National Electoral Commission (INEC) yesterday told the National Assembly that it requires N873.78bn to conduct the 2027 general elections, even as it seeks N171bn to fund its operations in the 2026 fiscal year.
INEC Chairman, Prof Joash Amupitan, made the disclosure while presenting the commission’s 2026 budget proposal and the projected cost for the 2027 general elections before the National Assembly Joint Committee on Electoral Matters in Abuja.
According to Amupitan, the N873.78bn election budget covers the full conduct of national polls in 2027.
An additional N171bn is needed to support INEC’s routine activities in 2026, including bye-elections and off-season elections, the commission stated.
The INEC boss said the proposed election budget does not include a fresh request from the National Youth Service Corps seeking increased allowances for corps members engaged as ad-hoc staff during elections.
He explained that, although the details of specific line items were not exhaustively presented, the almost N1tn election budget is structured across five major components.
“N379.75bn is for operational costs, N92.32bn for administrative costs, N209.21bn for technological costs, N154.91bn for election capital costs and N42.61bn for miscellaneous expenses,” Amupitan said.
The INEC chief noted that the budget was prepared “in line with Section 3(3) of the Electoral Act 2022, which mandates the Commission to prepare its election budget at least one year before the general election.”
On the 2026 fiscal year, Amupitan disclosed that the Ministry of Finance provided an envelope of N140bn, stressing, however, that “INEC is proposing a total expenditure of N171bn.”
The breakdown includes N109bn for personnel costs, N18.7bn for overheads, N42.63bn for election-related activities and N1.4bn for capital expenditure.
He argued that the envelope budgeting system is not suitable for the Commission’s operations, noting that INEC’s activities often require urgent and flexible funding.
Amupitan also identified the lack of a dedicated communications network as a major operational challenge, adding that if the commission develops its own network infrastructure, Nigerians would be in a better position to hold it accountable for any technical glitches.
Speaking at the session, Senator Adams Oshiomhole (APC, Edo North) said external agencies should not dictate the budgeting framework for INEC, given the unique and sensitive nature of its mandate.
He advocated that the envelope budgeting model should be set aside.
He urged the National Assembly to work with INEC’s financial proposal to avoid future instances of possible underfunding.
In the same vein, a member of the House of Representatives from Edo State, Billy Osawaru, called for INEC’s budget to be placed on first-line charge as provided in the Constitution, with funds released in full and on time to enable the Commission to plan early enough for the 2027 general election.
The Joint Committee approved a motion recommending the one-time release of the Commission’s annual budget.
The committee also said it would consider the NYSC’s request for about N32bn to increase allowances for corps members to N125,000 each when engaged for election duties.
The Chairman of the Senate Committee on INEC, Senator Simon Along, assured that the National Assembly would work closely with the Commission to ensure it receives the necessary support for the successful conduct of the 2027 general elections.
Similarly, the Chairman of the House Committee on Electoral Matters, Bayo Balogun, also pledged legislative support, warning INEC to be careful about promises it might be unable to keep.
He recalled that during the 2023 general election, INEC made strong assurances about uploading results to the INEC Result Viewing portal, creating the impression that results could be monitored in real time.
“iREV was not even in the Electoral Act; it was only in INEC regulations. So, be careful how you make promises,” Balogun warned.
The N873.78bn proposed by INEC for next year’s general election is a significant increase from the N313.4bn released to the Commission by the Federal Government for the conduct of the 2023 general election.
President Bola Tinubu yesterday expressed grief over the death of a former President of the Academic Staff Union of Universities and one of Africa’s foremost literary scholars, Professor Emeritus Biodun Jeyifo.
Jeyifo passed away on Wednesday, drawing tributes from across Nigeria and the global academic community.
In a condolence message to the family, friends, and associates of the late scholar, Tinubu in a statement by his spokesperson, Bayo Onanuga, described Jeyifo as a towering intellectual whose contributions to African literature, postcolonial studies, and cultural theory left an enduring legacy.
He noted that the late professor would be sorely missed for his incisive criticism and masterful interpretations of the works of Nobel laureate, Professor Wole Soyinka.
The President also recalled Jeyifo’s leadership of ASUU, praising the temperance, foresight, and wisdom he brought to the union over the years.
Tinubu said Jeyifo played a key role in shaping negotiation frameworks with the government aimed at improving working conditions for university staff and enhancing the learning environment in Nigerian universities.
According to the President, Professor Jeyifo’s longstanding advocacy for academic freedom and social justice will continue to inspire generations.
He added that the late scholar’s influence extended beyond academia into political and cultural journalism, where he served as a mentor to numerous scholars, writers, and activists.
Tinubu condoled with ASUU, the Nigerian Academy of Letters, the Wole Soyinka Centre for Investigative Journalism, the University of Ibadan, Obafemi Awolowo University, Oberlin University, Cornell University, and Harvard University—institutions where Jeyifo studied, taught, or made significant scholarly contributions.
“Nigeria and the global academic community have lost a towering figure and outstanding global citizen,” the President said.
“Professor Biodun Jeyifo was an intellectual giant who dedicated his entire life to knowledge production and the promotion of human dignity. I share a strong personal relationship with him. His contributions to literary and cultural advancement and to society at large will be missed.”
Jeyifo was widely regarded as one of Africa’s most influential literary critics and public intellectuals. Among several honours, he received the prestigious W.E.B. Du Bois Medal in 2019.