The Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE) have filed a lawsuit against Governor Mohammed Umar Bago of Niger State and the National Broadcasting Commission (NBC) over intimidation of Minna-based radio station, Badeggi FM, and the threat to shut and crack down on the station using law enforcement.
Governor Bago recently directed security operatives to seal Badeggi FM, with threat to revoke its license, demolish the station’s premises, and profile the station’s owner, Shuiabu Badeggi.
In the suit filed on Friday, with number FHC/L/CS/1587/2025, at the Federal High Court, Lagos, SERAP and NGE are asking the court to determine “whether, by section 22 of the Nigerian Constitution 1999 (as amended) and section 2(1) (t) of the NBC Act, the NBC has the duty to protect Badeggi FM from the ongoing intimidation by the governor.
SERAP and NGE are asking the court for “a declaration that by the combined provisions of section 22 of the Nigerian Constitution and section 2(1)(t) of the NBC Act, the NBC has the legal duty to protect Badeggi FM and other broadcasting outlets in Nigeria from any intimidation and undue interference.”
SERAP and NGE are seeking “an order of perpetual injunction restraining Niger State governor and NBC from harassing, intimidating and/or threatening to shutdown Badeggi FM and revoke the licence of station.”
In the suit, SERAP and NGE are arguing that: “the failure and or neglect of the NBC to protect and defend the independence of Badeggi FM radio against arbitrary executive interference constitutes a breach of its statutory duty to ensure fair, independent, and lawful broadcasting practices in Nigeria.”
SERAP and NGE are also arguing that, “the ongoing intimidation, and threat by Governor Bago to strip Badeggi FM station of its operational licence, further threat to demolish the station’s premises and to profile the station’s owner is unlawful and a violation of the rights to freedom of expression, access to information, and media freedom.”
According to SERAP and NGE, “the allegations of inciting violence against Badeggi FM and its owner are vague, unfounded and unsubstantiated.
The suit filed on behalf of SERAP and NGE by their lawyers Kolawole Oluwadare, Oluwakemi Agunbiade, and Andrew Nwankwo, read in part: “The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.”
“Intimidating, harassing and silencing critical or dissenting voices under the guise of vague and unsubstantiated national security concerns is a fundamental breach of your constitutional oath of office and Nigeria’s international human rights obligations.
“Intimidating, harassing and silencing Badeggi FM and its owner would have a chilling effect on the protection of freedom of expression and media freedom across several states.
“The ongoing intimidation and threat to arbitrarily revoke the station’s licence, unlawfully demolish its premises and profile its owner are all clearly antithetical to the requirements of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.
“The ongoing intimidation and harassment of Badeggi FM and its owner is capable of discouraging participation of the press in debates over matters of legitimate public concern ahead of the 2027 general elections.
“The ongoing intimidation and harassment of Badeggi FM, its owner and other staff members of the station constitute a serious restriction on the development of democracy in the country, since it impedes free debate over ideas and opinions.
“Media outlets in Niger State should be free to enable debate on issues of public interest without fear of reprisals.
“Both Governor ago and the NBC have the duty to respect and uphold the constitutional and statutory obligations to ensure that journalists and media houses that regularly impart information on matters of public interest including Badeggi FM enjoy an environment to perform that function.
“There is significant public interest in the capacity of the press, including Badeggi FM to obtain and impart the information that it needs to function properly and perform its vital public watchdog role.
“Any restrictions on freedom of expression and media freedom must be provided by law, imposed to protect legitimate aims, and necessary to protect those aims.
“While the Nigerian Constitution and human rights treaties recognize national security and public order as legitimate aims for restricting freedom of expression, the UN Human Rights Council has stressed ‘the need to ensure that the invocation of national security is not used arbitrarily to restrict freedom of expression.’
“Governor Bago reportedly ordered the immediate shutdown of Badeggi, a privately owned radio station in Minna, ordered the station’s premises to be marked for demolition and requested the Commissioner of Homeland Security to profile the station’s owner; Shuaibu Badeggi, on unfounded allegations that the station ‘promotes violence.
“Governor Bago also reportedly stated that the ‘daily activities of the radio station have been unethical’, and accused the owner of the station of incitement of the people against the government.
“A journalist’s or a radio station’s right to freedom of expression is protected even if the opinion advanced is not positively received.
“The Nigerian Constitution and human rights treaties protect the press not merely so that specific journalists may conduct their work; they protect the press in order to guarantee the public’s right of access to information in the public interest.
“The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media to be able to comment on public issues without censorship or restraint and to inform public opinion.”
SERAP and NGE are therefore asking the court for the following reliefs:
1. A DECLARATION that by the combined provisions of section 22 Nigerian Constitution 1999 (as amended) section 2(1)(t) of the National Broadcasting Act, the NBC is obligated by law to protect Badeggi FM station and other broadcasting outlets in Nigeria from undue interference from unauthorized persons or entity.
2. A DECLARATION that the failure and or neglect of the NBC to protect and defend the independence of the radio station against arbitrary executive interference constitutes a breach of its statutory duty to ensure fair, independent, and lawful broadcasting practices in Nigeria.
3. A DECLARATION that the ongoing intimidation and threat issued by Governir Bago to strip Badeggi FM station of its operational licence and further threat to demolish the station’s premises is unlawful and a violation of the rights to freedom of expression, access to information, and media freedom.
4. A DECLARATION that the threat issued by Governor Bago to strip Badeggi FM radio station of its operational licence encroaches upon the statutory powers of the NBC provided for under section 2 of the National Broadcasting Commission Act, thereby rendering the decision of the NBC ultra vires its constitutional duties and unlawful.
5. AN ORDER of perpetual injunction restraining the NBC, its agents and privies from harassing, intimidating and/or threatening to revoke the operating licence of Badeggi FM station or any other broadcasting outlet in Niger State.
No date has been fixed for the hearing of the suit.
Signed:
Kolawole Oluwadare
SERAP Deputy Director
Lagos, Nigeria
Onuoha Ukeh
General Secretary
Nigerian Guild of Editors (NGE)
10/8/2023
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