The Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID), have dragged President Muhammadu Buhari before the Federal High Court, Lagos, over the N5 million fine on Channels Television.
The suit was filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche.
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The rights advocacy group and CJID, specifically prayed the court to “declare arbitrary, illegal and unconstitutional, the N5m fine imposed on Channels Television over a recent interview with Labour Party’s vice-presidential candidate, Datti Baba-Ahmed.”
Joined in the suit as Defendants are the National Broadcasting Commission (NBC) and Lai Mohammed, Minister of Information and Culture.
The NBC had recently fined Channels Television N5 million, over an interview with Datti Baba-Ahmed, vice-presidential candidate of Labour Party (LP).
According to the broadcasting Commission, the interview ‘violated the NBC code.’
But in the suit number FHC/L/CS/616/2023, filed last week at the Federal High Court, Lagos, the plaintiffs are asking the court to determine “whether the NBC code used to impose a fine of N5m on Channels TV and the threat of ‘higher sanctions’ is not in inconsistent and incompatible with access to information and media freedom.”
The plaintiffs are praying the court for “a declaration that the NBC code used by the NBC to impose a fine of N5m on Channels TV and the threat of ‘higher sanctions’ is arbitrary, unconstitutional and unlawful, as it violates the rights to a fair hearing, freedom of expression, access to information and media freedom.
An order setting aside the N5m fine for being inconsistent and incompatible with section 22, 36 and 39 of the Nigerian Constitution 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights.
An order directing and compelling the NBC to reverse its arbitrary and unlawful decision to impose a fine of N5m on Channels TV forthwith.
In a supportive affidavit, the plaintiffs said;
The media has the task of distributing all varieties of information and opinion on matters of general interest and public interest.
Imposing any fine whatsoever without due process of law is arbitrary and unconstitutional, as it contravenes the fundamental principles of nemo judex in causa sua, which literally means one cannot be a judge in his own cause and audi alteram partem, which means no one should be condemned unheard.
The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and access to information in a democratic society.
