The ECOWAS Court has fixed September 27 for judgement in a suit challenging some provisions of the Nigerian government’s National Broadcasting Code, particularly, Articles 3.1.1, 3.1.2, 15.2.1 and 15.2.1 of its 6th Edition and Articles 11.5.1 of the amendments to the 6th Edition.
The contested provisions of the code empower the National Broadcasting Commission, (NBC), to impose fines on any erring Nigerian broadcast station, the NBC can shut down broadcast stations that fail to comply with its sanctions.
Human Rights Initiative, (ENHRI), a Non-governmental Organisation, filed the suit on October 4, 2020, alleging that aspects of the broadcasting code of Nigeria encroached on the rights of free media, which should operate freely, without “undue interference.
The organisation, which says it is concerned with the protection and promotion of human rights, maintained in its suit that the NBC Code is used to suppress the right of citizens to freedom of expression.
Its counsel, Solomon Okedara, told the ECOWAS Court, that NBC arbitrarily issued letters of an alleged violation of the code on broadcasters, while also imposing sanctions, thereby acting as complainant and judge, a move which violates Articles 9 and 19 of the African Charter on Human and Peoples Rights, (ACHPR), and Article 19 of the International Convention on Civil and Political Rights, (ICCPR).
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He, therefore, urged the court to declare that the stated provisions of the Code, its amendments and sanctions/fines, breached Nigeria’s obligation, under international laws and treaties, to which it is a signatory.
The court adjourned to September 27, to deliver its judgement, after the hearing.
In a judgement on Wednesday, the Federal High Court Abuja, invalidated NBC’s power to impose fines on the country’s broadcast stations.
(Editor: Ifeanyi Mark)
