THE Economic Community of West African States Court in Abuja ruled that the Nigerian Broadcasting Code, which the National Broadcasting Commission uses to impose sanctions and fines on broadcast stations, violates freedom of expression.
The declaration was made by an ECOWAS court on October 23, in a judgment delivered in an action filed against the Federal Republic of Nigeria by a non-governmental organization, Expression Now Human Rights Initiative.
The court ruled that the Nigerian government had failed to meet its obligation to reconcile domestic legislation with international duties.
The applicant had challenged the Nigerian government’s use of the NBC Code to impose arbitrary sanctions, including fines, on broadcast stations.
The court presided by Justice Dupe Atoki observed that in enacting laws “member states must give due consideration to its alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights.”
The applicant, represented by Solomon Okedara & Co, specifically challenged Articles 3 (1) (1), 3(1) 2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) that they contravene the principle of freedom of expression.
In its judgment, the court noted that Article 3(1) (1) of the Code is infinite in scope and therefore violates the provision of Article 9(1) and (2) of the African Charter on Human and People’s Rights. The court noted that the provisions of Article 3(1) (2) of the Code are too ambiguous and vague and can “lead to curtailment of the right to freedom of expression.”
The court also ordered that the Nigerian government aligns Articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under Article 1 of the ACHPR and to cease giving effect to the provisions until it has aligned the same as ordered.
The Nigerian Guild of Editors applauded the Federal High Court in Abuja in May 2023 for issuing a perpetual injunction prohibiting the National Broadcasting Commission from fining broadcast stations in the country.
In a decision issued in May by Justice James Omotosho, the court ruled that because it was not a court of law, NBC had no authority to impose sanctions as punishment on broadcast stations.
