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SERAP Sues Buhari, NBC Over Threat To Shut Broadcast Stations

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari and the National Broadcasting Commission (NBC) over the threat to shut down some broadcast stations in the country.
Joined in the suit as Defendant is Mr Lai Mohammed, Minister of Information and Culture.
The NBC had last week reportedly sanctioned 25 broadcast stations and issued ‘final warnings’ to 16 others for allegedly violating provisions of the Nigeria Broadcasting Code during the February 25, 2023 Presidential and National Assembly elections.
But in the suit number FHC/L/CS/469/2023 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine “whether the broadcasting code used by the NBC to sanction some broadcast stations and threaten to shut down others is not in inconsistent and incompatible with freedom of expression, access to information and media freedom.”
SERAP is asking the court for “a declaration that the sanctioning of some broadcast stations and threat by the NBC to revoke the licences and shut down other stations for their lawful coverage of the general elections is unconstitutional and unlawful, as it violates freedom of expression, access to information and media freedom.”
SERAP is seeking “an order of interim injunction restraining President Buhari, the NBC and Mr Mohammed from threatening and sanctioning broadcast stations in the country simply for carrying out their constitutional duties, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
In the suit, SERAP is arguing that: “It is a travesty of justice to punish and threaten broadcast stations seeking to promote election integrity and citizens’ engagement and participation, while allowing perpetrators of electoral violence and grave human rights violations escape accountability for their alleged crimes.”
According to SERAP, “Rather than promptly investigating allegations of election-related violence and other infractions of the Electoral Act and the Nigerian Constitution, and going after suspected perpetrators, the Nigerian government is scapegoating the media by targeting and punishing broadcast stations.”
SERAP is also arguing that, “the use of NBC Act and Code in this case would open the door to arbitrariness and fundamentally restrict freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Ms Adelanke Aremo, and Ms Valentina Adegoke, read in part: “The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in a democratic society.
“The NBC legislation and codes do not confer unfettered discretion for the restriction of freedom of expression and media freedom on those charged with their implementation.
“The sanctioning of some broadcast stations and threat by the NBC to revoke the licences of others and shut them down is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.
“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to sanction and threaten to broadcast stations is inconsistent and incompatible with human rights requirements.
“The Nigerian Constitution and human rights treaties impose legal obligations on the Nigerian government to refrain from imposing restrictions which are not consistent with human rights requirements, including on discussion of political and election-related issues.
“It is also inconsistent with constitutional and international human rights requirements to sanction and threaten broadcast stations solely for their coverage of the issues around the general elections on the basis of vague phrases such as ‘unguarded statements’, and ‘negative conversations’ used by the NBC.
“The sanction and threat also represent a serious hindrance to the exercise of journalism, media diversity and independence, media freedom, and participation.
“Media coverage of the general elections and post-election matters, and media freedom are closely connected, as access to information is an essential requirement for the realization of the rights to freedom of expression and participation.
“Similarly, the phrases used by the NBC lack sufficient clarity and can be arbitrarily or discriminatorily applied and enforced.
“The sanction, ‘last warning’ and threat by the NBC would seem not to meet the strict requirements of the Nigerian Constitution and the country’s international human rights obligations. In particular, it is unclear the scope or object of what these wordings seek to prohibit.
“Under the constitutional and international requirement of legality, it is not enough that restrictions on freedom of expression, access to information and media freedom are formally stated in press releases and regulations.
“The requirement of legality also serves to define the scope of legal discretion conferred on implementing authorities in order to provide adequate protection against arbitrary implementation.”
SERAP is therefore asking the court for the following reliefs:
A DECLARATION that the use of the NBC broadcasting code to sanction some broadcast stations and threaten to revoke the licences of others and shut them down for covering the general elections is a violation of the rights to freedom of expression, access to information and media freedom.
A DECLARATION that the sanction of some broadcast stations and threat to revoke the licences of others and shut them down for simply carrying out their legitimate duties of covering the general elections is a violation of the right to fair hearing as provided for under the Nigerian Constitution 1999 (as amended) and human rights treaties which Nigeria has ratified.
A DECLARATION that the arbitrary action by NBC to sanction some broadcast stations and threaten to revoke the licences of others and shut them down for covering the general elections is a violation of section 39 of the Nigerian Constitution 1999 [as amended], and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
AN ORDER compelling President Buhari to direct the NBC and Mohammed to withdraw the sanction and threat against broadcast stations and to comply with the provisions of section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
AN ORDER OF PERPETUAL INJUNCTION restraining President Buhari, the NBC, and Muhammed whether jointly or severally or any other authority, person or group of persons from unilaterally sanctioning and threatening to revoke the licences of any broadcast stations and shutting down the stations on the grounds of covering the 2023 general elections.
No date has been fixed for the hearing of the suit.

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Rivers NIPR Gets New Executive

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The Nigerian Institute of Public Relations (NIPR), Rivers State Chapter, has inaugurated a new Executive Council to pilot the affairs of the institute for the next two years.

The new Executive Council was elected during the maiden edition of the Rivers Public Relations Week and Annual General meeting held last Friday, in Port Harcourt.

The re-election marked a historic moment as members of the chapter converged to chart a new course for professional excellence, ethical standards, and the advancement of public relations practice in the State.

This was contained in a statement signed by the Public Relations Officer of the institute, Ayodeji Emmanuel Afelumo, at the weekend.

The Registrar and Secretary to the NIPR Governing Council, Chief Uzoma Onyegbadue, who swore in the officers charged them to redouble their efforts in upholding professional integrity and excellence in public relations practices.

The officers re-elected for the second term include Rev. Francis Asuk as chairman, Dr. Parry Saroh Benson (Vice Chairman), Mr. Felix Tamuno (Secretary), Alhaja Ayo Odungweru (Treasurer), and Edna Alete as Financial Secretary.

Those with fresh tenure are Dr. Helen Chimezie who was elected as the Assistant Secretary, Mr. Ayodeji Emmanuel Afelumo (Public Relations Officer), and Mrs. Ngowari Oba as Welfare Officer, following the tenure expiration of the former officers.

In his acceptance remarks, Rev. Asuk expressed gratitude to members for their confidence and pledged to uphold the ideals of the institute, promote professional development, and foster partnerships that would further enhance the visibility of public relations in Rivers State and beyond.

The Rivers Public Relations Week is the first of its kind organised by a State chapter of the institute and it provided a platform for practitioners, scholars, and stakeholders to engage in knowledge-sharing, networking, and discussions on the evolving role of public relations in governance, business, and society.

The statement added that the Rivers State Chapter of the NIPR looks forward to a new era of purposeful leadership, innovation, and impact under the stewardship of its newly inaugurated executive council.

 

 

 

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Falana Gives Ken Saro-Wiwa, Others Clean Bill Of Health …As Activist Decries Marginalisation Of Ogoni People  p6 lead

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Human rights lawyer, Femi Falana(SAN) has apparently exonerated the slain writer and environmental rights activist, Mr Ken Saro-Wiwa and his eight Ogoni kinsmen of  the murder charge which led to their execution by hanging by the Gen  Sani Abacha military junta on November 10, 1995.

This is even as a human rights activist, Evangelist Caroline Nagbo, has decried the spate of marginalisation against Ogoni people in Nigeria and Rivers State, saying, in spite of the struggles, sacrifices and contributions of the Ogoni people, they have continued to be marginalised, particularly in politics.

Falana, who bared his mind  in a keynote address   during the 30th Anniversary of the Ken Saro-Wiwa Memorial Lecture at Hotel Presidential, Port Harcourt on Friday, said   the Ogoni nine never committed the crime for which they were hanged  by the Federal Government.

 

On her part, Nagbo noted in a goodwill message at the event that  despite the Ogoni people’s contributions, struggles and sacrifices, they continue to face exclusion and intimidation.

She decried a situation where people who hated Ken Saro-Wiwa during his lifetime, equally hate Ogoni people, because they consider them as very intelligent, stressing that instead of giving them political power, stooges are rather favoured.

According to her, Ogoni people must continue to speak out and agitate for their rights.

Nagbo further noted that the name of Ken Saro-Wiwa always evokes environment, minority and politics, emphasising that the legacies of the late environmental rights activist have continued to inspire and motivate the Ogoni people, and highlighted the significance of his birthday, which coincides with the Ogoni struggle for self-determination, environmental justice, and human rights.

She said the Federal Government’s treatment of Ken Saro-Wiwa’s memory and the Ogoni people is a reflection of the country’s flawed political system, and criticised politicians for their absence at events commemorating Ken Saro-Wiwa’s birthday and even illegal execution, attributing it to the marginalisation and intimidation faced by the Ogoni people.

“If you identify with Ken Saro-Wiwa and the Ogoni struggle, you are the enemy of the state, and that is marginalisation and intimidation,” she said.

Nagbo further lamented that despite the Ogoni people’s contributions to the country’s struggle for democracy, they are yet to be adequately rewarded.

“Politically, up till now, an Ogoni individual has never been a Governor, and they are not ready to give it to us, even in the next 30 years.The same thing they did to Ken Saro-Wiwa is the same thing they are doing to the Ogoni sons and daughters. They are manipulating it,” she said.

Nagbo praised the consistency of fiery human rights lawyer, Femi Falana(SAN), in championing the cause of the Ogoni people, saying, even Ken Saro-Wiwa was known for his consistency.

 

The keynote speaker, Mr Femi Falana actually chronicled the circumstances surrounding the hanging of Ken Saro-Wiwa and eight of his kinsmen on November 10, 1995, saying, they never committed the offence for which they were executed, and,therefore, deserve not only the recent pardon granted to them by the Federal Government but also exoneration and apology from the government.

 

Falana accused the state and Shell of masterminding the murder of four Ogoni sons, with the intent of roping in Ken Saro-Wiwa and the other Ogoni activists, saying, the execution of the Ogoni activists was premeditated.

 

According to him, when it was clear that the then Abacha military junta had already made up its mind to kill Ken Saro-Wiwa and others, the legal team defending them had no option than to withdraw from the trial in order not to give it legitimacy.

 

The human rights lawyer said the Ogoni people must be united today more than ever before to fight for their rights, stressing that the move for resumption of oil production in Ogoniland can only be justified when the ongoing cleanup of Ogoniland has attained an appreciable level.

 

He also applauded the siting of the Federal University of Environment and Technology in Ogoniland, but insisted that the university must employ Ogoni people to justify its establishment.

 

Falana said the time has come for the people of the Niger Delta region to demand accountability from the political class at all levels of governance in the region, saying, they are constitutionally empowered to find out how the 13 percent derivation funds and other funds are utilised.

 

According to him, the three percent fund stipulated and specified in the Petroleum Industry Act(PIA)  is supposed to go directly to oil and gas bearing communities in the Niger Delta.

 

He also sympathised with Umuechem people for what befell them during the military regime, and decried a situation where oil companies failed in providing social amenities to the people, in spite of benefiting from the oil and gas deposits in their land.

He promised to set up a think tank of lawyers to advocate and ensure that oil and gas host communities in the country, particularly in the Niger Delta are provided social amenities.

 

Also, human rights and  environment campaigner and one of the organisers of the event, Mr Celestine Akpobari thanked Femi Falana, Dr Nimo Bassey and other dignitaries and participants for gracing the event, which he described as the celebration of Ken Saro-Wiwa’s legacies.

 

He said the rush for the resumption of oil exploration in Ogoniland does not make any economic sense, and likened it  to mopping the floor while the taps are open.

 

At the event, the panel of discussants consisted of Prof KialeeNyiayana of the University of Port Harcourt; Prof Lucky Akaruese of the University of Port Harcourt; Eze(Prof) Christian Akani of the Ignatius Ajuru University of Education;  and Leader of Ogoni People’s Assembly, Rev Probel Williams, while the moderator was Dr EmemOkon.

The discussants gave a good account of themselves, as they did not only dissect the keynote address presented by Femi Falana, giving more insights into it, but also did justice to the questions posed to them by the moderator, bordering on Ken Saro-Wiwa and his legacies, among other issues.

 

By: Donatus

 

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Unveiling of $400million Otakaikpo crude oil Export Terminal; Monarch Hails Tinubu  …lists Economic Benefits Of The Project 

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The Okan Ama of Ikuru Town in Andoni Local Government Area HRM king Aaron Miller Ikuru has hailed President Ahmed Bola Tinubu for the unveiling of the $400million crude oil terminal at the Otakaikpo oil field in Ikuru Town
King Ikuru who said this in his address during the unveiling ceremony also assured multinational corporations operating in the area of a conducive business environment.
He said the project will not only improve the economy of Ikuru Town but that of the entire Andoni and Rivers state.
The traditional ruler said the ceremony Marks a new chapter in Ikuru Town and Andoni in general as the area has become the proud host of a monumental national asset the $400million crude oil terminal
He also commended President Ahmed Bola Tinubu for the feat, adding that “the project stands as a testament to the administration’s commitment to economic diversification, energy infrastructure development and local content advancement.
“Your Excellency Sir, this singular investment not only represents a milestone in Nigeria’s oil and gas production capacity but it also symbolizes hope for job opportunities, hope for improve livelihoods and hope for sustainable community development.
“We acknowledge and appreciate the vision policy direction and support that have made this project a reality ” King Aaron Ikuru said the community has utilized very judiciously the 3 percent opex for its development
“Currently there is an ongoing legacy water project for the provision of potable water and a one year skills acquisition programm for youths in the community”
The monarch however decried inconsistent payment of the statutory 3 percent opex by the JV and expressed the hope that priority will be placed on the payment of the outstanding 3 percent for 2024 to the community HCDT.
King Ikuru also urged the company to instruct the JV to provide electricity to the host community and stressed the need for Ikuru to be connected to the energy source as Otakaikpo marginal oil field.
Also speaking to journalists the chairman Community Development Committee( CDC) Ikuru Town, Ebenezer Bright, described the event as memorable one ,stressing that it would open up the area for development.
He said he was happy that the event  is happening at his own time and assured the company of a better relationship with the community.
Also an indigene of Ikuru Town, Professor Lysias Gilbert  said the economic effects of the terminal will be felt across the country as more barrels of oil will be exported from the terminal
He urged the community to unite and embrace the opportunity by remaining peaceful.
It would be recalled that President Ahmed Bola Tinubu last Wednesday commissioned the crude oil terminal at the Otakaikpo oil field. The president was represented by the Minister of state for Petroleum Senator Heineken Lokpobiri.
By: John Bibor
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