News
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.
News
NGO-ATLANTIC-OYOROKOTO ROAD’LL UNLOCK COASTAL PROSPERITY FOR RIVERS – FUBARA
Rivers State Governor, Sir Siminalayi Fubara, has described the ongoing construction of the brand new 13.52-kilometre Ngo-Atlantic-Oyorokoto Road as a bold and visionary effort by his administration to open up the coastal region for economic growth and harness the full potential of the state’s blue economy.
The Governor made this remark during an inspection visit to the project site in Andoni Local Government Area. The road, being constructed by Monier Construction Company (MCC), cuts through challenging coastal terrain and leads to a newly identified beachfront facing the Atlantic Ocean.
Governor Fubara explained that while the original plan was to construct a road leading to Oyorokoto Town and its popular beach, his administration decided to expand the project to create an entirely new route that would open access to another pristine beachfront.
“We are doing another inspection today. This particular one is a virgin road, 13.52 kilometres of a new pathway to the blue economy,” Governor Fubara stated.
“Initially, we were constructing a road to Oyorokoto Beach, one of the finest tourist centres in this area. But as we progressed, we discovered another beach directly facing the Atlantic Ocean. It became clear that we shouldn’t limit development to just one site. We want to harness this new beach front as part of our broader plan to develop the blue economy.”
The Governor emphasised that the project, once completed, will not only improve access to coastal communities but also stimulate tourism and economic activities, boosting revenue for Rivers State.
Describing the area’s difficult terrain as challenging, he commended the contractor for its dedication, and expressed confidence that the road would be completed and commissioned by March next year.
“You can see for yourself, it’s a brand-new road in a very difficult terrain, just like the one we saw yesterday. But I strongly believe we will overcome it. From what we’ve seen today, the contractor, MCC, is doing their best, and by next year, hopefully by March, we’ll have the cause to commission this project and give God all the glory,” the Governor affirmed.
Governor Fubara also visited Opobo/Nkoro Local Government Area to assess the progress of work on the Epellema axis of the ongoing 5.2km Kalaibiama-Epellema road project featuring a 450-meter bridge.
News
FUBARA HAILS PROGRESS OF WORK ON TRANS-KALABARI ROAD
Rivers State Governor, Sir Siminalayi Fubara, has expressed satisfaction with the level of progress recorded on the ongoing Trans-Kalabari Road project, revealing that about 75 percent of the critical piling work has been completed.
Governor Fubara made this known while addressing journalists after an on-the-spot inspection of the 12.5-kilometre road project, which will connect the state capital to several Kalabari communities across the sea.
The Governor rode on a boat from a jetty at Rumuolumeni in Obio/Akpor Local Government Area through the rivers and creeks on the project route during the inspection.
The project was awarded to Lubrik Construction Company Limited, on May 15, 2024, with an initial 32-month completion timeline.
The Governor said the visit was aimed at verifying reports from the Ministry of Works regarding the project’s advancement. He commended the contractors for their dedication, and described the progress as “a true reflection of hard work and commitment to excellence.”
“The first phase of the project takes us to Bakana, and features four major river-crossing bridges and nearly five deck-on-pile structures. The terrain is difficult, and the engineering work required is complex. But to the glory of God, I can confirm that the reports I’ve been receiving are accurate. Almost 75% of the piling job, which is the most critical part of the project, has been achieved,” Governor Fubara said.
He emphasised that the Trans-Kalabari Road is one of the most technically demanding infrastructure projects in the state due to its challenging marine terrain but reaffirmed his administration’s resolve to deliver it on schedule.
Governor Fubara highlighted the strategic importance of the road in connecting the Kalabari Kingdom to Port Harcourt, and stimulating economic growth across riverine communities.
“This is a key project that will turn around the lives of the Kalabari people immediately it is concluded. By the grace of God, in the next six months, if we return here for inspection, we might be driving across the bridge,” he said.
Governor Fubara assured Rivers people that his administration remains focused on delivering transformative infrastructure projects that will improve lives and bring lasting development to rural communities.
“We have made a promise to our people to embark on projects that will change lives and bring development, and this is a testament to that commitment,” he added.
News
RSG EXPRESSES CONCERN OVER FLOODING IMPACT, EROSION
The Governor of Rivers State, Sir Siminalayi Fubara, says that the impact of flooding and erosion on the inhabitants of Rivers State, especially those living in coastal communities, are of great concerns to the government.
Governor Fubara lamented the consequences of flood on both human and biotic life, which sometimes lead to loss of life, property, and degradation of the environment.
The Governor made the remark in Port Harcourt during the launch of a book titled, ‘Coastal Zone Flooding And Erosion in Developing Communities, Principles, Cases and Strategies,” written by Emeritus Prof. Wiston Bell-Gam.
According to the Governor, who was represented by the Secretary to the State Government, Hon. Benibo Anabraba, his administration, would continue to undertake and encourage adaptation strategies to combat flooding.
In his words: “The Rivers State Government will continue to undertake and encourage adaptation strategies, such as construction of seawalls and breakers, canals and channels, restoring coastal ecology and ecosystem for coastal resilience and where necessary, the relocation of communities on the coastline.
“These issues are currently receiving the much needed attention and intervention by the recent approval of the construction of shoreline protection along the coastlines of more than five communities in Ogba/Egbema/Ndoni and Opobo/Nkoro LGAs respectively.”
“It is important that as stakeholders in the protection and preservation of marine environment, we all act and advocate for mitigation strategies such as reduction in emission of Green House Gasses that causes climate change and rise in sea levels. Let us promote the use of clean energy and against fossil fuel.
Governor Fubara further cautioned residents to desist from building on waterways.
“We also need to encourage our people to stop developing buildings on and along natural water courses, indiscriminate sea mining and dredging activities on our coastline without consideration for mangroves and swamps,” he stressed.
He appreciated the author for his advanced contributions to the body of knowledge in both Rivers State and globally.
Also speaking, a former Military Governor of the old Rivers State and Amayanabo of Twon Brass, King Alfred Ditte-Spiff, who was Royal Father at the Event, stated that the book was timely to enable stakeholders manage the challenges of global warming.
“Global warming is real. If it’s not addressed globally, a time will come coastal areas will find themselves under water. The coastline of Nigeria is shocking with many mangroves gone,” he noted.
The Reviewer of the Book, who is also the Vice Chancellor of Olusegun Agagu University of Science and Technology, Ondo State, Prof Temi Ologunorisa, explained that the 14-chapter book is timeous as it fills literary gaps between desire and available knowledge on coastal flood and erosion in developing communities.,
“A major beauty of the book that sets it apart is the detailed consideration of flood and erosion control from around the world,” he stated, adding that the book is based on detailed field investigation.
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