Lawyer Files Case Against NBC, FG; Cites Breach In Freedom Of Speech
Nigerian Lawyer, Inibehe Effiong on Monday called out the Minister of Information and Culture, Lai Mohammed and the Nigerian Broadcasting Commission (NBC), for actions which the lawyer deemed as a breach of the right to freedom of expression guarantee by Section 39 of the Constitution.
Recall that the NBC, recently attempted to fine a radio station, Nigeria Info 99.3FM, N5 million for allowing a former deputy governor of Central Bank of Nigeria (CBN), Mailafia Obadiah to use it’s platform to air views that NBC said “can cause unrest and disorder in the country.”
Obadiah had during an interview on the station’s programme “Morning Cross Fire” accused the government aiding the crisis in the Southern part of Kaduna.
The Nigerian lawyer, Inibehe Effiong said, “On Monday, 17th August, 2020, I filed a fundamental rights suit against the NBC, the Minister of Information Lai Mohammed, and the FG at the Federal High Court in Lagos over the imposition of N5m on @NigeriainfoFM and the threat to sanction other broadcast stations in Nigeria.
“Imposition of fine is a judicial act, only a court of law can perform. The courts have held in many cases that administrative agencies have no power to impose fines, and that it amounts to a breach of fair hearing for agencies like the NBC to impose a sentence of fines.
“The actions of the NBC amounts to a breach of the right to freedom of expression guaranteed by Section 39 of the Constitution.
“There is no law in Nigeria that has created or defined hate speech as a criminal offence. Therefore, the NBC cannot penalize stations for “hate speech.”
“Barring citizens from making “abusive ” and “insulting” comments about the President, Governors and other public office holders is a flagrant violation of the right to free speech. “Abuse” or “insult ” of public office holders cannot be criminalised in democracy. It’s outrageous.
“I believe the judiciary is the only solace of the Nigerian people at this point against a regime that is determined to truncate our constitutional democracy and foist civilian dictatorship on the country. Lai Mohammed should not be allowed to destroy the fabric of our liberties.
“I’ve asked the court to set aside the fines imposed on radio and television stations in the country by the NBC. We’re not a conquered people. Those who came to power through through the instrumentality of protest and free speech should not be allowed to to turn Nigeria into a police state.”
In a similar vein, countering the NBC fine, The Socio-economic Rights and Accountability Project (SERAP) has urged the Muhammadu Buhari led administration to restrain the Nigerian Broadcasting Commission from threatening Nigerians with punishment if they “insult president, governors, senators other leaders “
