The Economic Community of West African States (ECOWAS ) Court of Justice has barred the National Broadcasting Commission (NBC ) from censorship of political programmes by media houses in the country .
Its judgment was delivered on a matter brought before it by a Port Harcourt – based lawyer, Festus Oguche and Crownfield Solicitors , challenging NBC ’s ‘Additional Regulations for Live Political Broadcast.’
The regulation , dated May 30, 2014, was contained in a letter to all broadcasting stations in Nigeria . The NBC ’ s directive was issued during the campaigns of the 2015 general elections, in which it raised concerns about the increasing cases of abuse of political programmes , and ensure that content that threaten the country ’s unity and peace were not aired broadcast.
It, therefore , directed broadcasting stations to notify it in writing at least 24 hours before live transmission of political programmes . The NBC also charged broadcasting stations to abide by provisions of the NBC Code , while all broadcasters should take their social responsibility seriously .
But the plaintiffs wrote NBC asking for withdrawal of the Additional Regulation for Live Political Broadcast, which they described as tendentious , unnecessary and unacceptable in a democracy .
Oguche also declared that NBC ’s directive to broadcasters in May 2014 was inconsistent with provisions of Section 39 (1 ) of the 1999 Constitution regarding freedom of expression and free press, and inimical to the fundamental objective and principles of state policy as stipulated in section 22 of the Constitution .
However, when NBC failed to respond to Oguche ’s correspondence , he approached the ECOWAS Court to challenge the commission and the Federal Government , which was named as the defendant .
The plaintiff backed his suit NO. ECW/ CCJ /APP /10/ 15, with provisions in Article XIX of the African Charter on Human and Peoples Rights; the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights, and the ECOWAS Protocol on Democracy and Good Governance .
More than three years after the matter went to court, the ECOWAS Court of Justice, in a judgment delivered on Tuesday by justices Edward Asante, Dupe Atoki and Januaria Moreira Costa , upheld all seven – point declarations sought by the plaintiff .
They include an order of perpetual injunction , restraining the Federal Government , its agencies , servants and proxies from further doing anything , either by official policy, directive , instruction or investigation that will impede free press under democracy. The court also held that the defendant’ s directive that all live political broadcasts in Nigeria be referred to it , was tantamount to censorship of free press and contrary to the fundamental freedom enshrined and guaranteed under African Charter on Human and Peoples ’ Rights and the ECOWAS Protocol on Democracy and Good Governance , among others .
Reacting to the judgment, Oguche noted that it was significant to regulate broadcasting by law and not on the whims and caprices of the Federal Government and its agents .
He added that the court has again proved that it will not allow government and its agencies to act arbitrarily and unilaterally in a manner that would curtail freedom of the press and expression . Meanwhile , the court ordered the NBC to retract the May 2014 directive in a letter to broadcasting stations and publish same in national newspapers .
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