Trust TV: SERAP sues Buhari for N5m fine

The Socio-Economic Rights and Responsibility Project and the Center for Journalism Innovation and Development have filed a lawsuit against the President, Major General Muhammadu Buhari (Retired), asking the court to “declare arbitrary and unlawful the 5 million naira imposed on Trust Television, Multichoice Nigeria Limited, Nigerian Television Authority-Startimes Limited and others for their documentaries on terrorism in the country . »

Joined as defendants are the Minister of Information and Culture, Mr. Lai Mohammed, and the National Broadcasting Commission.

NBC last week issued fines to the media, saying their documentaries "glorified bandit activities and undermined national security in Nigeria", and contravened the provisions of the Nigeria Broadcasting Code.

The PUNCH reports that Trust TV has been fined for airing the documentary, 'Nigeria's Banditry: The Inside Story', which was aired by the station on March 5, 2022.< /p>

Trust TV management, in a statement to The PUNCH last Wednesday, noted that the fine was communicated to the media company in a letter signed by NBC's chief executive, Balarabe Shehu Illela.

Illela said the fine was imposed on Trust TV because its airing of the documentary contravened articles of the National Broadcasting Code.

But in complaint number FHC/L/CS/1486/2022 filed last Friday in the Federal High Court in Lagos, SERAP and CJID seek: "an order quashing the arbitrariness and illegality of fines of 5 million naira and any other criminal sanctions unilaterally imposed by NBC on such media simply for the performance of their constitutional duties.”

According to the plaintiffs: "NBC and Mohammed have failed to demonstrate that the media houses' documentaries would impose a specific risk of harm to a legitimate state interest that outweighs the public interest in information provided by documentaries.”

The plaintiffs stated: "The documentaries of these independent media do not present any risk to a certain interest for national security or public order."

The plaintiffs also said: "It is inconsistent and incompatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of 'glorification of terrorism and banditry' as justifications for removing access to information of legitimate public interest that does not prejudice national security.”

The plaintiffs also said, "Independent media documentaries are in the public interest, and punishing the media simply for raising public awareness of these issues would have a disproportionate and chilling effect on their work. , and on the work of other journalists and Nigerians.”

According to the plaintiffs, the action of NBC and Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to Article 39 of the Nigerian Constitution and international human rights treaties. rights, including the African Charter on Human Rights. human and peoples' rights, which Nigeria has ratified.

The complaint filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare and Ms Adelanke Aremo, reads in part: "A fine is a criminal penalty and only the court is constitutionally empowered to impose it . A fine imposed by regulators like NBC without recourse to the courts is unfair, illegal and unconstitutional. »

"The 'glorification of terrorism and banditry' motives used to sanction the media are completely contrary to constitutional and international standards on freedom of expression and access to information."

"Imposing a fine of any kind without due process is arbitrary, as it contravenes the principles of nemo judex in causa sua which literally means that one does not cannot be a judge in his own name cause and audi alteram partem which means that no one should be condemned without being heard."

“Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria's obligations to respect "the right to freedom of expression", which includes the freedom to seek, receive and impart information, regardless of frontiers. »

“Under Article 19(3), restrictions on the right to freedom of expression must be 'prescribed by law' and necessary 'for the protection of the rights or reputation others" or "for the protection of national security or public order, or public health and morals."

"Although Article 19(3) recognizes "national security" as a legitimate objective, the Human Rights Council, t...