ECOWAS court criticizes NBC code for violating freedom of expression in Nigerian media

The Nigerian Broadcasting Code was used by the National Broadcasting Commission to fine and penalise broadcast stations, which the Economic Community of West African States Court in Abuja held violated the stations’ right to free speech.

In a decision issued in a complaint filed by the non-governmental organisation Expression Now Human Rights Initiative against the Federal Republic of Nigeria, the ECOWAS court made the pronouncement on October 23.

The Nigerian government was deemed to have failed in its obligation to reconcile its domestic legal system with its international obligations.

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Based on the NBC Code, the petitioner has challenged the arbitrary imposition of fines and other sanctions against broadcast stations.

When drafting laws, “member states must give due consideration to its alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights,” according to court president Justice Dupe Atoki’s statement.

The applicant, represented by Solomon Okedara & Co., explicitly disputed the allegations that the Nigeria Broadcasting Code (6th Edition) Amendments, specifically Articles 3 (1) (1), 3 (1) 2, 15 (2) (1), and Article 15 (5) (1), breached the right to free speech.

The court determined that because of Article 3(1) (1) of the Code’s unrestricted scope, it violates Articles 9(1) and (2) of the African Charter on Human and People’s Rights.

The court determined that Article 3(1)(2) of the Code is unduly ambiguous and vague, and that it may “lead to curtailment of the right to freedom of expression.”

Furthermore, the court ordered the Nigerian government to align Articles 3 (1) (1), 3 (1) (2), 15 (2) (1), and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) with its obligations under that article and to cease implementing the provisions until they were in compliance with Article 1 of the ACHPR.

In May, the court ruled that because it was not a court of law, NBC did not have the right to impose fines on broadcast stations. This was decided by Justice James Omotosho.