The Federal Government has been slammed with another lawsuit over attempts to gag the broadcast media in Nigeria, through the National Broadcasting Commission (NBC).
The latest lawsuit filed by Chief Festus Ameh Ogwuche of Crownfield Solicitors at the Port Harcourt Division of the Federal High Court follows a similar action by the Socio-Economic Rights and Accountability Project, SERAP and 261 others.
Joined in the matter with suit number PHC /PH/CS/184/2020 are the Attorney-General of Federation as 1st Defendant; National Broadcasting Commission as 2nd Defendant; and Professor Armstrong Idachaba (Acting Director General of NBC) as 3rd Defendant.
Just like SERAP and 261 others; Chief Ogwuche is seeking the enforcement of fundamental rights pursuant to the African Charter on Human and People’s Rights, LFN, 1990. But unlike SERAP and co. who are challenging the recent NBC fines of nine million naira (N9,000,000) against Channels Television, AIT and Arise TV; Chief Ogwuche is challenging the violation of the fundamental rights of citizens to freedom of expression and the press.
According to court papers, Chief Ogwuche raised five points for determination by the FHC, including “whether the Respondents are bound to apply and adhere to the provisions of the African Charter, Universal Declaration of Human Rights, Covenant on Civil and Political Rights aforementioned as institutions and officials of state?”
Chief Ogwuche also wants to know “whether the 2nd and 3rd Respondents can validly by virtue of section 2(d)(f) (l), (m),(n), and section 21 of the National Broadcasting Commission Act, CAP N11, LFN, 2004, apply the procedure in section 15.2.1, 15.2.2 and 15.2.3 of the National Broadcasting Code, and invoke/enforce the consequences and penalties in sections 15.3 and 15.5 against a broadcaster outside due process and same is a violation of Articles 1 and 7 of the African charter on Human and Peoples’ Rights and section 6 of the Constitution?”
Furthermore, the applicant wants the court to determine whether the provision contained in the National Broadcasting code, 6th Edition (chapters 14 – 15 of same) being a usurpation of judicial functions and contrary to section 6(6) of the constitution having also failed the test in section 36(2) CFRN, this court can, pursuant to section 315 (3) of the constitution apply the judicial hammer to hack down the said provisions of the code for the purpose of the preservation and sanctity of the fundamental rights to freedom of expression and of the press, as enshrined and guaranteed under law and International conventions?”
Based on the foregoing, Chief Ogwuche asked the court to declare “that it is not within the statutory mandate of the 2nd and 3rd Respondents to curtail, constrict, restrict and/or cow the operation of a free press, in exercise of their regulatory functions over broadcast stations in the country.”
Other reliefs sought by the applicants are:
• A DECLARATION that the power of the 2nd and 3rd Respondents to impose sanctions, penalties, penal convictions and other disciplinary actions against erring broadcast stations must be exercised within the tenets and ambit of the due process of the law, and in conformity with the provisions of Article 9 of the African Charter on Human and Peoples’ Rights, Article 19 of the Universal Declaration of Human Rights, Article 19 of the Covenant on Civil and Political Rights, and section 39 of the 1999 Constitution (as amended).
• A DECLARATION that the imposition, by the Respondents, of sanctions, penalties, fines and other disciplinary measures, that infringe on the existence of a free press, being acts pertaining to the determination of the civil rights and obligations of citizens, pursuant to section 6(6)(b) of the constitution entails a judicial act and not the exercise of the regulatory powers of the 2nd and 3rd Respondents and violates the rights pursuant to Article 7 of the African Charter.
• Furthermore; the applicant wants the FHC to make an order “setting aside Chapters 14(3) and 15 of the Nigeria Broadcasting Code 6th Edition for being provisions that engender infringements on fundamental rights, a usurpation of judicial functions and unconstitutional, null and void, and contrary to Article 1 and 2 of the African Charter.”
Chief Ogwuche wants the court to order the “setting aside all sanctions, penalties and other forms of disciplinary actions meted out or imposed on broadcast stations, pursuant to Chapters 14 and 15 of the National Broadcasting Code, 6th Edition for being unconstitutional, null, void, a usurpation of judicial functions and a violation of fundamental rights.”
He also wants an order of the court “compelling the Respondents to withdraw and/or suspend all pending actions, investigations, directives etc. on complaints, relating with or pertaining to the procedure under Chapters 14 and 15 of the National Broadcasting Code as contained in the 6th Edition thereof.
Furthermore; Chief Festus Ameh Ogwuche is asking the FHC for a “PERPETUAL INJUNCTION restraining the Respondents, either by themselves, their agents, servants and privies from doing anything in any manner that will impinge upon, impede, curtail and/ or abridge the exercise of free speech and the operation of a free and unequivocal press in the country, in compliance with Nigeria’s international obligations on human rights and pursuant to the provisions of the Constitution 1999 (as amended).
He is also praying the court to grant the sum of N150, 000, 000 .00 (One Hundred and Fifty Million Naira) only, “being punitive and exemplary damages on the footing of the continued fundamental rights breaches by the Respondents for the continued curtailment, abridgement and criminalization of the right of free speech and threats of same, the deliberate unabated restrictions on the operation of a free and unhindered press in the country on the premise of the code in spite of the existing legal and judicial guarantees and pronouncements on the subject.
The case before the Federal High Court, Port Harcourt Judicial Division, was filed on November 6, 2020, and the applicant confirmed that all the parties have been served, but no date has been fixed for the hearing.