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SERAP Takes Govt, NBC To ECOWAS Court Over Alleged Abuse Of Broadcasting Code

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The government of President Muhammadu Buhari and the National Broadcasting Commission (NBC) have been taken to the ECOWAS Community Court of Justice in Abuja over an alleged abuse of the NBC Act and broadcasting code.

The suit has the number ECW/CCJ/APP/19/21 and it was filed last week by the Socio-Economic Rights and Accountability Project (SERAP) and 24 concerned Nigerians.

In the suit, SERAP Depuy Director, Kolawole Oluwadare and Opeyemi Owolabi, contended that the code was enacted to target, harass, sanction, and fine independent television and radio stations in Nigeria, and to restrict Nigerians’ freedom of expression and access to information.

Therefore, “SERAP is asking the ECOWAS Court to declare illegal and contrary to Nigeria’s international human rights obligations the provisions of the NBC Act and broadcasting code frequently applied by the Federal Government and NBC to target, harass, intimidate, and impose sanctions on independent television and radio stations in the country.”

The suit came in the wake of the “‘bridge [breach] letter’ by the NBC asking Channels TV to explain why it interviewed the spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos for playing songs such as Falz’s ‘This is Nigeria’, Wande Coal’s

‘Iskaba’ and Olamide’s ‘See Mary, See Jesus’; and the N9m fines imposed on Channels TV, AIT and Arise TV [N3m each] over their coverage of the #EndSARS protests,” Oluwadare stated.

In the suit, the plaintiffs are arguing that “The rights to freedom of expression, access to information and media freedom allow Nigerians to seek and attain truth, which is an inherently good activity. These rights also allow Nigerians to participate in representative governance, social and political decision-making, which the Federal Government and NBC are obligated to foster and encourage.”

The plaintiffs said further: “Attempts to justify restrictions on these fundamental rights and freedom on the overly vague grounds of incitement, morality and subversion of the constituted authority contradict the principles of the universality of human rights.

Freedom of expression is a fundamental human right and cannot be denied without lawful justification.”

The plaintiffs are also arguing that, “the application of the Nigerian Broadcasting Act 1992 and broadcasting code to sanction independent television and radio stations is arbitrary, and has created an environment in which independent media houses are censored, or resort to self-censorship.”

The plaintiffs stated that, “Despite the Freedom of Information Act in Nigeria which guarantees the right to access public records, the Federal Government and its agents and several states of Nigeria have routinely refused to release information sought.”

The plaintiffs are also arguing that, “A lot of Nigerians at home and abroad rely on independent television and radio stations including online on their coverage of topical issues of public interest to access impartial, objective and critical information about ideas and views on how the Federal Government and its agents are performing their constitutional and international human rights obligations.

“The low level of political tolerance for views perceived to be critical of government or offensive means that the press continues to be subject of scare tactics, harassment and intimidation.

“Censorship restricts the flow of information from the Federal Government and its agents about issues of public interest, preventing people from accessing critical information, expressing themselves, and denying them opportunities to assert other fundamental human rights.

“The Federal Government and NBC should be stopped from using the broadcasting code or any other regulations and/or law to erode the sacred rights to freedom of expression, information and media freedom, which is the bedrock of the rule of law and sustainable democracy, as the Federal Government and NBC have violated the right of Nigerians to objective and impartial news coverage and reportage.”

The plaintiffs are therefore asking the ECOWAS Court of Justice for the following reliefs: “A declaration that the application of the provisions of the National Broadcasting Commission Act 1992 and the Nigeria Broadcasting Code by the Defendant and its agent to impose sanctions and penalties on independent television and radio stations is inconsistent and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.

“An order ssetting aside the sum of N5 million or any other form of penal sanction unilaterally imposed by the defendant and its agent on Channels TV and/or on any such other television and radio stations.

“An order directing the defendant and its agents to immediately repeal and/or amend the National Broadcasting Commission Act and the Nigerian Broadcasting Code and bring them into conformity with Nigeria’s international human rights obligations,” among others.

No date has been fixed for the hearing of the suit.

 

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BREAKING:Chicago State University Unable To Grant One Request By Atiku As It Releases Tinubu’s Academic Records

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Senator Withdraws Support For Tinubu Over Choice Of Muslim Running Mate
President Bola Tinubu

The Chicago State University (CSU) was unable to meet one request by the People’s Democratic Party (PDP) Presidential Candidate Atiku Abubakar as it finally released to him the academic records of President Bola Tinubu.

Atiku requested the documents to back his allegation of forgery of CSU certificate against Tinubu. It would mean Tinubu was not qualified to run for the election, which he won, if the allegation is successfully proved against him.

The university, on Monday, presented to Atiku’s legal team, a cache of documents connected to Tinubu’s education at the institution and copies of certificates with redacted names issued to other persons about the same time the Nigerian president finished from the school in 1979.

It also contained Tinubu’s admission records, and a letter dated 27 June 2022 confirming that he attended the university from August 1977 and June 1979 majoring in accounting. The letter said Tinubu was awarded Bachelors of Science in Business Administration with Honours on 22 June 1979.

The District Court in Northern Illinois, had in its judgement delivered on Saturday, given the university up till 12 noon on Monday to deliver the documents to Atiku.

The judge, Nancy Maldonado, gave the other after dismissing Tinubu’s objection in the judgement.

Ms Maldonando dismissed Tinubu’s objection to the 20 September decision of a magistrate judge of the court, Jeffery Gilbert.

The judge fully affirmed Gilbert’s ruling, ordering the CSU to release Tinubu’s academic records as requested by Atiku. She insisted Atiku had the right to have access to the records.

Complying with the court order on Monday, the university produced four sets of documents copies which went viral online on Monday.

In a deposition detailing its compliance with the court order, the university confirmed it was able to grant three of Atiku’s four requests.

Responding to one of the requests it granted, the university said, “after diligent search”. it was able to locate and produce seven different certificates for Bachelor of Science degree it issued in 1979.

Atiku had apparently requested the documents to compare and contrast them with the one presented by Tinubu as his for the 2023 presidential election.

The university also handed to Atiku’s team, documents relating to Tinubu and certified by an official of CSU, Jamar C. Orr, a lawyer.

The university similarly produced, “after diligent search”, copies of three other diploma certificates issued to other students other than Tinubu in 1979.

This was in response to Atiku’s request for “true and correct copies of any diplomas issued by CSU (other than to Tinubu) that contain the same font, seal, signatures, and wording (other than the name of the recipient and the specific degree awarded)”. Atiku sought these documents to compare and contrast them with the one Tinubu claimed to have obtained on or about 22 June 1979.

But the university said it was unable to locate “a copy of the original diploma it prepared for Tinubu in 1979” as requested by Atiku.

This was the kernel of Atiku’s request which is at the heart of the issue he intends to use the documents for in his legal challenge of Tinubu’s victory at the 25 February presidential election.

The university said it “does not in the ordinary course keep copies of student diplomas, and after diligent search cannot locate a copy of the original diploma it prepared for Mr. Tinubu in 1979, hence has no documents responsive to this request.”

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Group Commends Ogun Governorship Election Petition Tribunal’s Verdict

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Ogun State Governor Dapo Abiodun

A Civil Society Organization, Advocacy for Peace and Good Governance, has commended the Ogun State Governorship Election Petition Tribunal for its verdict on  the March 18, governorship election in the State.

It would be recalled that the tribunal, on Saturday, unanimously validated the victory of Governor Dapo Abiodun, as it dismissed all the grounds canvassed by the Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu in their petitions.

The group stated that the verdict was a victory for democracy and affirmation of the people’s choice.

The group, in a statement signed by it’s National Coordinator, Waheed Sulaimon, on Saturday in Abuja, described the judgement as explicit without any ambiguity, saying it was a true reflection of what happened across Ogun State on March 18, 2023.

The group noted that the tribunal delivered its verdict based on the facts and evidence presented before it, as well as the credibility of the electoral process.

It lauded the judiciary for its impartiality in the ongoing election petition-related cases across the country, adding that Nigerians have always reposed their confidence in that arm of government.

The group, therefore, urged all parties involved to accept the decision of the tribunal and join hands with Governor Dapo Abiodun, to work towards the development of the state.

It also called on all stakeholders in the Ogun State project to rally round the governor to make the Gateway State among the best in Nigeria in terms of economic prosperity, political stability and social cohesion.

The group also lauded Governor Abiodun for his commitment to good governance and efforts at ensuring the security of lives and property, as well as his unwavering political will to speedily develop the state.

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BREAKING: Tribunal Sacks Nasarawa Governor Sule, Declares PDP’s Ombugadu Winner

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Nasarawa State Governor Abudullahi Sule

The Governorship Election Petition Tribunal on Monday declared David Ombugadu of the People’s Democratic Party (PDP) as the winner of the state’s last election.

This was after the tribunal nullified  the election of Governor Abdullahi Sule of the All Progressives Congress (APC).

Delivering the judgment virtually, the Chairman of the tribunal, Justice Ezekiel Ajayi, declared Ombugadu as the lawfully elected governor of Nasarawa State.

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