Broadcasting
Court Extends Order Stopping Buhari, NBC from Shutting down AIT, 52 Other Stations
The Federal High Court in Lagos has extended the order stopping President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcast stations in the country, and shutting down the stations for allegedly failing to renew their licenses.
Honourable Justice Akintayo Aluko (Court 8) had on 29 August 2022 granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).
The order was granted pending the hearing of the Motion on Notice for interlocutory injunction.
When the case came up before the Court for hearing today, Honourable Justice Daniel Emeka Osiagor extended the order of interim injunction pending the hearing of the Motion on Notice, and adjourned the case to 26th October 2022 for the hearing of the originating summons.
The Court extended the order of interim injunction following the hearing of an argument by SERAP and NGE counsel, Ebun-Olu Adegboruwa, SAN.
SERAP and NGE had in August filed a lawsuit against Buhari and NBC, asking the court for “a declaration that section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the stations is unconstitutional and unlawful, as it violates freedom of expression.”
In the suit, SERAP and NGE had asked the court for “an order of interim injunction restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting their down operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
The suit followed the decision by the NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.
In the suit number FHC/L/CS/1582/2022, SERAP and NGE are asking the court to determine “whether section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten revoke the licenses of 53 broadcast stations and shut them down is not in inconsistent with freedom of expression and access to information.”
SERAP and NGE are also seeking “a declaration that section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.”
The suit, read in part: “The provisions of the Nigerian Constitution and human rights treaties on freedom of expression indicate that this right can be exercised through any medium.
“Effectively, these provisions recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.
“The use of NBC Act and Code in this case would inadmissibly open the door to arbitrariness and would fundamentally restrict the freedom of expression that is an integral part of the public order protected the Nigerian Constitution and human rights treaties to which Nigeria is a state party.
“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.
“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.
“The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.
“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.
“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.
“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.
“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.
“The Plaintiffs recognize the mandates of NBC to regulate broadcasting. However, the exercise of such mandates including renewals or revocation of licenses must follow the thresholds and guidelines set by the right to freedom of expression.
“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.
“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.
“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”
Broadcasting Organization of Nigeria (BON) has established six committees to help strengthen and modernize the country’s broadcasting industry.
The committees will focus on content creation, skills development, digital transformation, sustainability, policy and commercial opportunities
The initiative aims to support industry growth and improve collaboration between broadcasters, regulators and media experts
The official launch recently, was led by Tony Akiotu, president, BON and attended by media professionals, program directors, former journalists and heads of specialized media organizations.
The event brought together several prominent figures in Nigeria’s media industry, including veteran broadcaster and trainer Bimbo Oloyede, Tony Uyah of M4S TV, Kingsley Uranta of Channels Television, Ismael Sani of Platinum TV and Ibrahim Shehu of Trust TV.
Together, they are expected to help drive innovation and support the growth of Nigeria’s broadcasting sector.
According to Akiotu, the committees are intended both to help shape industry policy and to provide a forum for dialogue between BON and broadcasting experts.
Akiotu said the ad hoc committees were intended to strengthen BON’s work and ensure that the umbrella body for Nigeria’s broadcasters played a more direct and meaningful role in developing the country’s broadcasting sector.
The six committees reflect the sector’s main priorities. The first focuses on collaboration and innovation to promote content creation.
The second is dedicated to training and talent development, while the third focuses on industry sustainability by improving the sector’s long-term financial viability.
A fourth committee will focus on digital transformation and work with the National Broadcasting Commission (NBC) on regulatory issues.
The remaining two committees will oversee public policy advocacy and the development of sports and commercial rights to help broadcasters increase revenue and attract more investment. Together, the committees are expected to guide BON’s efforts to modernize and strengthen Nigeria’s broadcasting industry.
The committees, chaired by members of BON’s General Assembly and supported by the organization’s Secretariat, have an initial 12-month mandate that may be renewed if necessary.
They are required to submit a progress report within three months and implement approved recommendations within the following six months.
The arrangement is intended to ensure close oversight and the timely implementation of their work.
Akiotu also reminded committee members that Nigeria pioneered television broadcasting in Africa and urged them to carry out their work with greater effectiveness and efficiency.
Nigerian Education Loan Fund (NELFUND) says it is investigating about 34 tertiary institutions over allegations that they failed to refund students whose tuition fees were paid twice under the Federal Government’s student loan scheme.
The Managing Director of NELFUND, Mr Akintunde Sawyerr, disclosed this during an interview on Arise Television.
Sawyerr said the agency had deployed a five-member investigative team, including operatives of the Economic and Financial Crimes Commission (EFCC) and internal auditors, to examine the allegations.
According to him, the investigation was prompted by numerous complaints received from affected students.
“As of right now, there are 34 institutions that we are looking at closely with respect to this issue,” he said.
Sawyerr explained that the double payment issue arose because President Bola Tinubu directed that the student loan scheme commence in the middle of an academic session instead of at the beginning.
He said the decision compelled many students to pay their tuition fees to meet registration deadlines while awaiting approval of their loan applications.
“What happened is that a lot of schools got double payment; some from the students and some from us,” he said.
“The refund process is entirely out of our hands. It is the recipient of the double payments that is obliged to make refunds to the students.”
The NELFUND boss noted that many students had borrowed money from family members, friends and other sources to pay their tuition with the expectation of receiving refunds once the loans were disbursed.
He said while some institutions had promptly refunded affected students, others had failed to do so.
“Some have been very good at this. Others haven’t been so good at it,” Sawyerr said.
“I reserve judgement on the intentionality around it because, for some of them, they just didn’t have the process to make refunds.”
Sawyerr disclosed that NELFUND was exploring a tokenised payment system that would enable students to authorise tuition payments directly to their institutions, thereby reducing the likelihood of duplicate payments.
He said the agency deliberately chose not to disburse tuition loans directly to students to minimise the risk of fund diversion.
“Paying the funds to the students could really lead to the temptation for them to divert and do other things,” he said.
The managing director, however, acknowledged that NELFUND lacked the statutory powers to compel institutions to refund students or prosecute officials found culpable.
He added that many frustrated students had submitted complaints not only to NELFUND but also to anti-corruption agencies, including the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Sawyerr also expressed concern over increases in tuition fees by some institutions following the introduction of the student loan scheme.
He said NELFUND had declined to pay institutions that increased their tuition fees beyond acceptable levels.
“Some schools, because they get paid easily, started to put up their fees. We refused, point blank, to pay institutions who had hiked their fees beyond a certain level,” he said.
He reaffirmed the agency’s commitment to investigating every reported irregularity and strengthening the implementation of the student loan programme through continuous monitoring and internal reviews.
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