For broadcasting a documentary on terrorism and banditry in Nigeria, Trust Television, Multichoice Nigeria Limited, NTA-Startimes and TelcCom Satellite Limited came under the hammer of the National Broadcasting Commission (NBC). The Commission, which slammed a N5 million fine on each of the media organisations, accused them of “glorifying terrorism and banditry.” It not only invoked sections of the National Broadcasting code against the stations, but also made itself the prosecutor and the judge over a documentary that should have drawn commendations for the media houses. The NBC did not also follow the processes leading to imposition of fines or sanctions, as stipulated in the extant law.
The action of the NBC has attracted condemnations in the media sector. The Broadcasting Organisation of Nigeria, the Nigerian Guild of Editors, the Media Rights Agenda, the Nigeria Union of Journalists (NUJ) and some others have all called on the Federal Government to cancel the fine.
The Socio-Economic Rights and Accountability Project (SERAP) in conjunction with the Centre for Journalism Innovation and Development (CJID) went further to sue President Muhammadu Buhari at the Federal High Court, Lagos. They joined the NBC and the Minister of Information and Culture, Alhaji Lai Mohammed, as defendants. Among others, the plaintiffs want the court to declare the fines imposed on the media and pay television organisations as arbitrary and illegal as only the court is empowered by the Constitution to impose them; and to set aside the fine on the affected media houses.
Regrettably, the government has arbitrarily slammed fines on broadcast stations. In 2019, the NBC hammer fell on DAAR Communications Plc, owners of Africa Independent Television (AIT) and Raypower radio station. The NBC charged the organisation of promoting divisive and inciting comments in some of its programmes In 2020, it similarly imposed a N5 million fine on Nigeria Info 99.3FM for interviewing the late former Deputy Governor of the Central Bank of Nigeria (CBN), Dr. Obadiah Mailafia. The NBC accused the radio station of using its platform to promote unverifiable and inciting views.
Last year, the Commission warned Channels TV for interviewing the spokesman of the Indigenous People of Biafra (IPOB). Also last year, the Federal Government banned the operations of the micro-blogging site, Twitter, in Nigeria, for removing a post by President Muhammadu Buhari, which it considered offensive.
The Federal Government’s plan to enact anti-media laws to gag the press was vehemently opposed by Nigerians. Lai Mohammed had once urged the National Assembly to grant full regulatory powers to government over internet broadcasting and online media outfits.
It is sad that Nigeria is seen globally as one of the most dangerous and difficult places for journalists to practise in Africa. In the 2021 World Press Freedom Index, the country ranked 120th out of 180 countries assessed. This was worse than the 2020 ranking, which placed Nigeria as 115th out of 180 countries assessed.
The NBC must be told that journalists, by training, look for exclusive stories and are often eager to unearth what is hidden to the public. The 1999 Nigerian Constitution (as amended) recognises the role of the media in a democratic process. Section 22 of the constitution, for instance, empowers the media to uphold the responsibility and accountability of the government to the people without any encumbrance. The media cannot effectively hold government to account by hiding information. Section 39 of the same constitution empowers every individual to hold opinions and to receive and impart ideas and information without interference. African Charter on Human and Peoples’ Rights, Article 19 of the United Nations Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights also guarantee the press the right to disseminate information to the general public.
The only reason a media organisation should withhold information is if it is against public interest. In this instant case, the documentary in question does not pose any risk to the country in any way. Nothing in it threatens public interest or national security. In any case, it is not the prerogative of the NBC to determine what is in public interest and what is not. The courts are there to adjudicate on any contentious issue.
Government should not use the documentary as an excuse to muzzle the media because without the media, our democracy will not endure. As we approach the election year, the government should allow freedom of expression as long as it does not threaten national security. Democracy demands openness. It requires freedom. By imposing the fines, the government is killing investigative journalism and media freedom.
We agree with the Management of Trust TV, which stated categorically that as a television station, “we believe we were acting in the public interest by shedding light on the thorny issue of banditry and how it is affecting millions of citizens of our country.”