SERAP, NGE Sue Buhari, Others over Threat to Shutdown 53 Broadcast Stations

Udora Orizu in Abuja

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigeria Guild of Editors (NGE) have filed a lawsuit against President Muhammadu Buhari and the National Broadcasting Commission (NBC) over what they described as the arbitrary use of the NBC Act and broadcasting code to threaten, revoke and shut down 53 broadcast stations in the country for allegedly failing to renew their licences.

Joined in the suit as Defendant was Minister of Information and Culture, Lai Mohammed.

The NBC had last week revoked the licences of the 53 broadcast stations and threatened to shut down their operations within 24 hours over alleged N2.6 billion debt. The NBC has now asked the stations to pay all outstanding license fees on or before August 23, 2022 or they would be shut down by 12am on August 24.

However, in the suit number FHC/L/CS/1582/2022 filed yesterday at the Federal High Court, Lagos, SERAP and the NGE asked the court to determine whether section 10(a) of the Third Schedule to the National Broadcasting Act used by NBC to threaten to  revoke the licences of 53 broadcast stations and shut them down was not in inconsistent and incompatible with freedom of expression and access to information.

SERAP and NGE are seeking an order of interim injunction restraining the government, their agents or privies from revoking the licences of the affected stations in the country and shutting down their operations, pending the hearing and determination of the motion on notice filed contemporaneously in the suit.

The suit filed on behalf of SERAP and NGE by their lawyer Kolawole Oluwadare, read in part: “The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.

“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.

“Revoking the licences of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.

“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.

“The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.

“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.”