The Economic Community of West African States (ECOWAS) Court in Abuja has declared that the National Broadcasting Commission’s (NBC) use of the Nigerian Broadcasting Code to penalize and fine broadcast stations constitutes an infringement on their right to free speech.
In a verdict issued on October 23, the ECOWAS court ruled in favor of the non-governmental organization, Expression Now Human Rights Initiative, in their lawsuit against the Federal Republic of Nigeria.
The court found that the Nigerian government had failed in its responsibility to align its domestic laws with its international commitments.
Expression Now Human Rights Initiative contested the arbitrary imposition of sanctions, including fines, against broadcast stations, based on the NBC Code.
Presiding over the court, Justice Dupe Atoki emphasized the importance of member states aligning their legislation with international guarantees and obligations, such as those under the African Charter on Human and People’s Rights.
Represented by Solomon Okedara & Co., the applicant specifically challenged the claims that certain articles of the Amendments to the Nigeria Broadcasting Code (6th Edition) violated the right to free speech.
The court ruled that the Code’s Article 3(1)(1) violated Articles 9(1) and (2) of the African Charter on Human and People’s Rights due to its limitless reach.
Furthermore, the court found the Code’s Article 3(1)(2) to be excessively unclear and vague, potentially leading to the curtailment of the right to freedom of expression.
In addition to the ruling, the court directed the Nigerian government to halt the implementation of the provisions until they were in accordance with Article 1 of the African Charter on Human and People’s Rights.
Justice James Omotosho had previously ruled, in May, that the NBC lacked the authority to impose sanctions on broadcast stations as it was not a court of law.
