One of the first things I did this morning was to scan through my transistor radio (Yes, there are still transistor radio sets around) and the TV set to confirm if indeed, any of the Radio and TV stations had been shut down after yesterday’s 6pm deadline given by the National Broadcasting Commission, NBC, for several stations to pay up or have their licences withdrawn.
Raypower FM and AIT were still in operation and so also was Silverbird TV as well as Classic FM. Since these were the larger networks on the list, I concluded that the threat of shutdown by the NBC has not been carried out. I hope this not a wrong conclusion, although I have also not been able to confirm if the broadcast organisations themselves have paid the outstanding licence fees that prompted the NBC threat. It is also possible that meetings and discussions are ongoing behind the scenes to resolve the matter which many consider as an unnecessary distraction and a continuation of the recent muscle-flexing by the NBC which has not made the regulator very popular.
After its initial shut-down notice, the NBC followed up with an extension message saying: “Following intervention of Concerned Groups and visible concerted efforts by some defaulting Licensees to offset their debts, the National Broadcasting Commission hereby serves this Notice of an extension of Deadline to Shutdown to 6.00PM on Tuesday August 23, 2022”.
Before today, several actions had commenced to challenge the NBC action.
Just yesterday, the Nigerian Guild of Editors, NGE, and the Socio-Economic Rights and Accountability Project, SERAP, instituted a lawsuit to challenge what it called, ‘The arbitrary use of the NBC Act and broadcasting code’ to threaten, revoke and shut down 52 broadcast stations in the country for failing to renew their licenses.
Defendants in the suit are the President of Nigeria, the NBC and the Minister of Information and Culture.
Recall that the NBC last Friday, 19th August 2022, revoked the licenses of the 52 broadcast stations and threatened to shut down their operations within 24 hours over alleged N2.6 billion debts. The regulatory body of broadcast stations in a statement asked the stations to ‘pay all outstanding license fees on or before August 23, 2022 or shut down by 12am on August 24.’
In the suit number FHC/L/CS/1582/2022 filed yesterday, Tuesday 23rd August, at the Federal High Court, Lagos, NGE and SERAP asked the court to determine whether section 10(a) of the Third Schedule to the National Broadcasting Act used by NBC to threaten, revoke the licenses of 53 broadcast stations and shut them down is not inconsistent and incompatible with freedom of expression and access to information as contained in the 1999 Constitution as amended.
The NGE and SERAP asked the court for a declaration that section 10(a) of the Third Schedule to the National Broadcasting Act used by the NBC to threaten to revoke the licenses of 52 broadcast stations and to shut down the broadcast stations is unconstitutional and unlawful, as it violates the freedom of expression. The NGE and SERAP are also seeking an order of interim injunction restraining the defendants, their agents or privies from revoking the licenses of 52 broadcast stations in the country and shutting their down operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.
NGE and SERAP are asking the court for the following reliefs:
- A declaration that the arbitrary and unilateral action by NBC to threaten and or revoke the licenses of the 52 broadcast stations and to shut down their operations because of the alleged failure to pay their license fees is unnecessary and disproportionate sanction, and therefore contrary to the public interest and the guiding principles of freedom of expression.
- That section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.
- That section 10(a) of the National Broadcasting Act or any such other laws enabling NBC to unilaterally revoke the licenses of 52 broadcast stations and to shut down the stations is inconsistent and incompatible with the provisions of the Nigerian Constitution 1999 (as amended), and therefore null and void to the extent of its inconsistency and incompatibility.
- That the arbitrary action by NBC to revoke the licenses and shut down the operations of the broadcast stations is directly in conflict with sections 6 and 39(1) of the Nigerian Constitution and human rights treaties to which Nigeria is a state party, and therefore null and void and ultra vires.
- An order nullifying and setting aside the directive by NBC to revoke the licenses of the 52 broadcast stations for being inconsistent and incompatible with freedom of expression, access to information and media freedom.
- An order compelling the President to direct NBC and the Minister to withdraw the revocation orders in compliance with the provisions of section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
- An order of perpetual injunction restraining President Buhari, NBC, and Muhammed whether jointly or severally or any other authority, person or group of persons from unilaterally revoking the licenses of the 52 broadcast stations and shutting down the stations.
No date has been fixed for the hearing of the suit.
Other media organisations including the Media Rights Agenda, MRA, International Press Centre, IPC, The Radio, Television, Theatre and Arts Workers Union of Nigeria, RATTAWU and the Nigerian Union of Journalists, NUJ, had earlier condemned revocation and withdrawal of the broadcast licenses of the 52 broadcast stations across Nigeria, and described the action as arbitrary, ill-advised, insensitive and antithetical to the interests of the Nigerian public, including thousands of citizens whose means of livelihood would be affected by the action.
The radio and television stations affected are mainly private and state government owned:
- Silverbird TV Silverbird Communications Co. Ltd.
- Rhythm FM Silverbird Communications Ltd FM Abuja
- Rhythm FM Silverbird Communications Ltd FM Lagos
- Rhythm FM Silverbird Communications Ltd FM Yenagoa
- Rhythm FM Silverbird Communications Ltd FM Port-Harcourt
- Rhythm FM Silverbird Communications Ltd FM Jos
- Rhythm FM Silverbird Communication Ltd Benin
- AIT/Ray Power FM DAAR Communication Ltd Network
- Greetings FM Greetings Media Ltd FM Network
- Tao FM Ovidi Communications Ltd FM Okene
- Zuma FM Zuma FM Ltd FM Suleja
- Crowther FM Crowther Communications Ltd FM Abuja
- We FM Kings Broadcasting Ltd FM Benin
- Linksman International Ltd Keffi
- Bomay Broadcasting Services Ltd Abuja
- MTV Murhi International Group Ltd Ibadan
- Classic FM Pinkt Nigeria Ltd Port-Harcourt
- Classic FM Pinkt Nigeria Ltd Lagos
- Classic TV Pinkt Nigeria Ltd Lagos
- Beat FM Megalectrics Ltd Lagos
- Cooper Communications Ltd Lagos
- Splash FM West Midlands Ltd Ibadan
- Rock City FM Boot Communications Ltd Abeokuta
- Family FM Kalaks Investments Nig. Ltd Ilugun
- Space FM Creazioni Nig. Ltd Ibadan
- Radio Jeremi Radio Jeremi Ltd Effurun
- Breeze FM Bays Water Ltd Akure
- Vibes FM Vibes Communication Ltd Benin
- Family Love FM Multimesh Broadcasting Co. Ltd Port-Harcourt
- Wave FM South Atlantic Media Ltd Port-Harcourt
- Kogi State Broadcasting Corporation
- Kwara State Broadcasting Corporation
- Niger State Broadcasting Corporation
- Gombe State Broadcasting Corporation
- Lagos State Broadcasting Corporation
- Lagos DSB
- Osun State Broadcasting Corporation
- Ogun State Broadcasting Corporation
- Ondo State Broadcasting Corporation
- Rivers State Broadcasting Corporation
- Bayelsa State Broadcasting Corporation
- Cross River State Broadcasting Corporation
- Imo State Broadcasting Corporation
- Anambra State Broadcasting Corporation
- Born State Broadcasting Corporation
- Yobe State Broadcasting Corporation
- Sokoto State Broadcasting Corporation
- Zamfara State Broadcasting Corporation
- Kebbi State Broadcasting Corporation
- Jigawa State Broadcasting Corporation
- Kaduna State Broadcasting Corporation
- Katsina State Broadcasting Corporation
This is the first time NBC will come up with an action that will affect broadcast stations in such a high number and while the shock is wearing out, the legal challenge will definitely help to ensure that the commission is not used as a pawn or an instrument to settle scores. Stations are also put on notice that they need to settle their bills, as and when due.
