Court stops Buhari and NBC from shutting down 53 broadcast stations

The Federal High Court in Lagos on Monday prevented President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcasting stations in the country and shutting them down for non-renewal of their licenses.

The judge, Akintayo Aluko, issued the interim injunction order preventing the authorities from carrying out their threat of dismissal in an ex parte motion decision.

Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE) had filed the ex parte motion with the main suit challenging NBC's planned action against the broadcast stations.

SERAP shared highlights of the court ruling in a statement from its manager, Kolawole Oluwadare, on Monday.

He said the judge, after issuing the interim order, adjourned until September 8, to hear the motion for notice of an interlocutory injunction.

This would give the defendants – NBC and Mr. Buhari – an opportunity to present their defense to the prosecution and give reasons why the restraining order should be overturned.

NBC had as of August 19 revoked the licenses of 53 broadcast stations on the grounds that they had failed to pay their license renewal fees worth a cumulative N2.66 billion. The commission ordered those unable to pay to close at 12 p.m. on August 20.

The main broadcast stations affected were Silverbird TV, AIT, Raypower FM and Rhythm FM.

The commission cited Section 10(a) of the 3rd Schedule of the National Broadcasting Commission Act CAP N11, Laws of the Federation of Nigeria, 2004 to support its decision against the stations.

The provision says: “10. A license may be revoked by the Commission in the following cases, namely (a) when the prescribed fee has not been paid when due…”< /p>

But following the intervention of the Nigerian chapter of the International Press Institute, NBC suspended the revocation of operating licenses for 52 broadcast stations.

The extension was granted after IPI Nigeria engaged the Ministry of Information and Culture, NBC and the Broadcasting Organization of Nigeria (BON) to explore an amicable resolution of the dispute.

Through the extension, NBC ordered all stations “to pay all outstanding license fees by August 23, 2022 or close by 12 p.m. on August 24.”

But SERAP and NGE sued NBC and Mr. Buhari on August 23, asking the court for "a statement that Section 10(a) of the Third Schedule to the NBC Act was used by NBC to threaten to revoking the licenses of 53 broadcast stations and shutting down the stations is unconstitutional and illegal, as it violates freedom of speech."

In the lawsuit, SERAP and NGE asked the court "for an interim injunction order restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting down their operations, pending the hearing and disposition of the notice motion filed concurrently with this action."

In lawsuit number FHC/L/CS/1582/2022, SERAP and NGE urged the court to determine "whether Section 10(a) of the Third Schedule to the NBC Act was used by NBC to threaten to revoke the licenses of 53 broadcast stations and shut them down is not contrary to freedom of expression and access to information.”

Plaintiffs urged the court to declare that “Section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke broadcast station licenses and shut down stations is a violation of constitutional law and guaranteed fair hearing."

They argued that the provisions of the Nigerian Constitution and human rights treaties on freedom of expression "indicate that this right may be exercised by any means".

They added: "Indeed, these provisions recognize that every individual has the right to equal opportunity to receive, seek and impart information by any means of communication without discrimination.

"The use of the law and the NBC code, in this case, would impermissibly open the door to arbitrariness and fundamentally restrict the freedom of expression which is an integral part of the constitutionally protected public order. Nigerian and human rights .. .