Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID) have filed a suit before the Federal High Court in Lagos against President Muhammadu Buhari, the National Broadcasting Commission (NBC), and the Minister of Information and Culture, Lai Mohammed over the N5 million sanctions imposed on Channels Television. The suit asks for a declaration that the fine is illegal and unconstitutional.
The lawsuit filed by the two civil society organizations argues that the NBC code used to impose a fine of N5m on Channels TV is inconsistent and incompatible with access to information and media freedom. The plaintiffs are seeking a declaration that the NBC code used by the NBC to impose the fine of N5m on Channels TV is arbitrary, unconstitutional, and unlawful, as it violates the rights to a fair hearing, freedom of expression, access to information, and media freedom.
The plaintiffs are also seeking an order setting aside the N5m fine and compelling NBC to reverse its arbitrary and unlawful decision. The legal action asserts that the media plays an essential role in exercising freedom of expression and access to information in a democratic society. The fine is arbitrary and unlawful and would have a chilling effect on other broadcast stations and journalists and Nigerians.
The legal action was instituted on behalf of the plaintiffs by their lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms. Blessing Ogwuche. The grounds for imposing the fine on Channels TV fail to meet the requirements of legality, necessity, and proportionality. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality. The regulation of broadcasting must promote and expand the scope of the right to freedom of expression, not restrict it.
The lawsuit further states that freedom and diversity must be guiding principles in the regulation of broadcasting. The fine of N5m imposed on Channels TV is entirely inconsistent and incompatible with these principles. The use of the NBC Act and Code would inadmissibly open the door to arbitrariness and would fundamentally restrict the freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties.
Arbitrarily imposing fines on media houses for carrying out their constitutional duties would undermine the rights of millions of Nigerians to express their thoughts and seek, receive, and impart information and ideas of all kinds in any medium they choose. The right to freedom of expression includes the public’s right to receive and the right of those who express themselves through a medium of communication to impart the greatest possible diversity of information and ideas.
In conclusion, the lawsuit filed by SERAP and CJID against President Muhammadu Buhari, NBC, and Lai Mohammed seeks to protect the freedom of expression, access to information, and media freedom in Nigeria. The arbitrary and unlawful imposition of a fine on Channels TV undermines these fundamental rights and would have a chilling effect on other broadcast stations and journalists. The use of the NBC Act and Code must promote and expand the scope of the right to freedom of expression and not restrict it.