The Nigerian Guild of Editors (NGE) has lauded the Federal High Court, Abuja, led by Justice Rita Ofili-Ajumogobia, for its landmark ruling invalidating certain provisions of the Nigeria Broadcasting Code (NBC). These provisions previously authorized the NBC to levy fines on broadcast stations for alleged code breaches.
The NGE’s commendation follows a critical verdict delivered in a suit filed by the Media Rights Agenda (MRA), a pro-media rights group, against the NBC. This legal action was initiated in response to the NBC’s 2022 imposition of N5 million fines on three television stations, accused of undermining Nigeria’s national security through banditry-related documentaries.
Justice Ofili-Ajumogobia, in her judgment, held that the NBC, lacking judicial authority, exceeded its powers by imposing such fines. Furthermore, she issued an order of perpetual injunction, barring the commission or its representatives from imposing fines on any media platform or broadcast station in Nigeria for any alleged offence under the Broadcasting Code.
The judge set aside the NBC’s fines imposed on August 3, 2022, on Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA Startimes Limited. These fines were levied for broadcasting a documentary on banditry and security in Zamfara State. The court deemed the regulator’s actions as wrong and unjustifiable in a democratic society.
In a joint statement, NGE President, Mr. Eze Anaba, and General Secretary, Dr. Iyobosa Uwugiaren, expressed that the ruling vindicated their long-held stance that the NBC should not act as accuser, investigator, and judge in matters of alleged Broadcast Code breaches. They maintained that an independent body, institution, or competent court of law should examine such infractions, with the accused broadcasters given a fair chance to defend themselves.
The Guild reasserted its commitment to engaging President Bola Ahmed Tinubu, the National Assembly, and other stakeholders regarding the NBC Act and the Broadcast Code of Conduct. Their goal is to amend and reform these to align with global best practices.
The MRA’s lawsuit argued that the NBC’s actions in imposing fines for broadcasting the Zamfara State documentary were unlawful and unconstitutional, as they chilled media freedom. The organization contended that the NBC, not being a judicial entity and lacking impartiality, had no authority to impose such penalties. The court concurred with MRA’s arguments, granting all requested declarations and injunctions.
Additionally, the NGE criticized the police invasion of ABN TV in Umuahia, Abia State, where a guest was arrested during a live program. They described this action as “uncivilized, barbaric, and confrontational,” stressing that the police could have waited until the program’s conclusion before making the arrest. The Guild urged the Nigeria Police Force to investigate this incident thoroughly, hold responsible officers accountable, and ensure the damaged broadcast equipment is replaced.
The Inspector-General of Police’s commitment to investigate the actions of the involved officers is a positive development, according to the Guild. However, they emphasize the need for a definitive and swift resolution to prevent future occurrences of such infringements on press freedom.
This ruling and the subsequent actions of the NGE and other media stakeholders represent a significant moment in Nigeria’s ongoing struggle for press freedom and the balance of power between media regulators and the press. The editors’ stance and the court’s decision underscore the necessity of upholding democratic principles, especially the freedom of the press, in the face of regulatory overreach.
