The Court of the Economic Community of West African States (ECOWAS) sitting in Abuja declared that the Nigerian Broadcasting Code, utilized by the National Broadcasting Commission (NBC) to levy sanctions and fines on broadcast stations, infringes upon freedom of expression.
The judgment was delivered in response to a suit filed by the non-governmental organization Expression Now Human Rights Initiative against the Federal Republic of Nigeria.
The ECOWAS court held that the Nigerian government had neglected its responsibility to harmonize domestic legislation with international obligations, emphasizing the need for alignment with guarantees and obligations under the African Charter on Human and People’s Rights.
The applicant, represented by Solomon Okedara & Co, specifically contested provisions of the Nigeria Broadcasting Code (6th Edition) and its Amendments, arguing that they contravene the principle of freedom of expression.
Justice Dupe Atoki, presiding over the case, observed that certain articles of the Code were overly broad and ambiguous, potentially leading to the restriction of the right to freedom of expression.
The court ordered the Nigerian government to align these articles with its obligations under the African Charter on Human and People’s Rights and to refrain from enforcing them until alignment is achieved.
This ruling echoes a previous decision in May 2023 when the Federal High Court Abuja issued an order of perpetual injunction restraining the National Broadcasting Commission from imposing fines on broadcast stations.
In that case, Justice James Omotosho emphasized that the NBC, not being a court of law, lacked the authority to impose sanctions as punishment on broadcast stations.