SERAP, Others Sue Mohammed, NBC, for Fines on Channels, AIT, Arise TV

Socio-Economic Rights and Accountability Project (SERAP), 261 involved Nigerians, civil society and media teams have filed a lawsuit in opposition to the National Broadcasting Commission (NBC) and Lai Mohammed, minister of Information and Culture.

The litigants are asking the courtroom to declare as arbitrary, unlawful and unconstitutional the N3m tremendous imposed on every of Channels, AIT and Arise TV for his or her protection of the #EndSARS protests.

They are additionally asking the courtroom to cease NBC from amassing the cash.

Armstrong Idachaba, acting director-general of the NBC, is joined within the go well with as defendant.

The co-plaintiffs within the go well with are 255 involved Nigerians; Premium Times Services Limited; Centre for Journalism Innovation and Development; HEDA Resource Centre; International Centre for Investigative Reporting; African Centre for Media and Information Literacy; and Media Rights Agenda.

Idachaba, had final week introduced fines of N9m on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests throughout the nation.

But within the go well with quantity FHC/ABJ/CS/1436/2020 filed final Friday on the Federal High Court, Abuja, the plaintiffs are searching for an order setting apart the arbitrary, unlawful and unconstitutional fines of N9m and every other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on every other radio/tv stations merely for finishing up their skilled and constitutional duties.

They argued that Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian structure and the nation’s worldwide obligations.

The go well with reads, “If the NBC and Lai Mohammed are allowed to proceed to make use of these oppressive provisions in opposition to unbiased media within the guise of performing their statutory duties, the top end result will probably be authoritarianism and denial of freedom and liberty.

“The NBC and Mr Lai Mohammed have constantly used broadcasting codes to suppress the watchdog roles of unbiased media, and to violate Nigerians’ human rights, together with the rights to freedom of expression, to disseminate and obtain info, and maintain their authorities and public officers to account.

“The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 39 of the Nigerian constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”

The plaintiffs are additionally searching for an order setting apart the tremendous of N5m and every other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, merely for finishing up its skilled and constitutional duties.

The radio station was fined after an interview the place a former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, stated he acquired info {that a} Northern governor sponsored Boko Haram.

The go well with filed on behalf of the plaintiffs by their attorneys Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, reads partly, “A tremendous is a prison sanction and solely the courtroom is empowered by the structure to impose it. Fine imposed by regulatory companies just like the NBC with out recourse to the courts is prohibited, unconstitutional and offends the sacred ideas of pure justice and equity.

“It is the obligation of the federal government to permit the authorized and judicial powers of the state to perform correctly. Imposing any tremendous in any respect with out due strategy of regulation is unfair, because it contravenes the ideas of ‘nemo judex in causa sua’ which accurately means ‘one cannot be a judge in his own cause’ and ‘audi alteram partem’ which accurately means ‘no one should be condemned unheard’.

“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian constitution, Nigerians’ human rights, media freedom, and the rule of law.”