By Elizabeth Osayande

A recent ruling by ECOWAS has faulted some provisions of the Nigerian Broadcasting Code, NBC, noting that they trampled on the rights of Nigerians.

The judgment that ruled in favour of the Expression Now Human Rights Initiative, in a case against the Federal Republic of Nigeria, stated that the Nigerian government neglected its duty to align domestic legislation with international obligations, particularly regarding the use of the Nigerian Broadcasting Code.

The suit, filed by the NGO, challenged the Nigerian government’s arbitrary imposition of sanctions, including fines, on broadcast stations using the NBC. This is as the court emphasized the need for member states to align their laws with international guarantees, citing the African Charter on Human and People’s Rights, ACHPR.

The court specifically scrutinized Articles 3(1)(1), 3(1)(2), 15(2)(1) of the Nigeria Broadcasting Code (6th Edition), and Article 15(5)(1) of the Amendments to the Nigeria Broadcasting Code (6th Edition), stating that they contravene the principles of freedom of expression.

In its detailed judgment, the court highlighted that the Code’s Article 3(1)(1) was too broad in scope, violating ACHPR provisions. Additionally, it criticized the ambiguity of Article 3(1)(2), cautioning that such vagueness could lead to a curtailment of freedom of expression.

The court concluded that these provisions, along with those specifying penalties, were not enacted in the spirit of promoting or protecting freedom of expression. Consequently, it declared that they contravene Article 9(1 & 2) of the ACHPR.

As a remedy, the court ordered the Nigerian government to align the mentioned articles of the Broadcasting Code with its obligations under Article 1 of the ACHPR. Furthermore, it directed the government to cease enforcing these provisions until alignment is achieved.

To ensure compliance, the court-mandated the Nigerian government to submit a report on the implemented measures within six months. Additionally, costs were awarded against the Nigerian government.

Solomon Okedara, counsel to the Applicant, praised the judgment, heralding it as a new era for media freedom in Nigeria and the ECOWAS region. Okedara emphasized the significance of journalists and media houses being able to perform their duties without fear of sanctions, especially at a time when media freedom faces challenges globally in emerging democracies.

“This landmark decision sets a precedent for the protection of freedom of expression in Nigeria and the broader ECOWAS community, marking a crucial victory for human rights advocates and media practitioners alike.”