A human rights Civil Society Organization, Global Rights, has said that the 'final warning' letter allegedly issued by Nigerian Broadcasting Commission, NBC, to Arise News media as unacceptable and unconstitutional.
The condemnation of the letter allegedly signed by the Director General, NBC, Dr Balarabe Ilelah, was contained in a statement signed Executive Director, Global Rights, Abiodun Baiyewu, where it pointed out Section 22 of the 1999 Constitution of Nigeria as amended clearly and unambiguously spells out the role of the press in Nigeria’s democracy, and states, “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people”.
The statement reads in part, "Global Rights condemns in the strongest possible terms the “final warning” letter issued by Nigerian Broadcasting Commission’s Director-General, Dr Balarabe Ilelah to Arise News media. According to news reports, this undemocratic letter titled “Preponderance of derogatory and incendiary remarks: final warning”was addressed to the Chief Executive Officer, Arise Global Media Limited and dated 6th October 2023. The Nigerian Broadcasting Commission (NBC) alleged that there was a “preponderance of incendiary remarks allowed on Arise News”. The warning letter comes on the backheel of a 2 million Naira fine issued to Arise News by NBC in February 2023 for “unprofessional broadcasts”.
It is our considered opinion that the issuing of this “final warning” letter to Arise Global Media must not be viewed in isolation. This letter unfortunately follows an already established pattern of NBC
being used as a willing tool of the government of the day to attack media houses and members of the press. It is a continuation of the assault on Nigeria’s civic space like the Twitter ban of 2021.
"The NBC which is a parastatal under the Federal Ministry of Information has been continuously wielded as a cudgel in recent times by a government determined to shut down dissenting voices. Those who express opinions at variance with that of the regime are targeted in a blatant and rather obvious attempt to intimidate and repress them into self-censorship.
"These actions are unconstitutional and unbecoming in a Country that claims to operate a democratic system of governance. Section 22 of the 1999 Constitution of Nigeria as amended clearly and unambiguously spells out the role of the press in Nigeria’s democracy. It states, “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people”.
"The drafters of the Constitution appreciated the fact that Nigeria’s hard-earned democracy could be undermined if the press was stifled by autocratic civilian rulers.
"Their fears were understandable. It was anchored on the knowledge that the history of Nigeria is replete with instances where leaders of the government had gone to great lengths to silence members of the press who criticized them. The cases of Dele Giwa and Alex Ibruare popular examples that spring to mind.
"Since the return to Civilian rule, Nigerian government officials have deployed various means to shut down dissenting opinions and silence those who speak out against them. Abubakar Dadiyata a journalist and social media critic of Nigeria’s ruling APC party was allegedly whisked away by officials of the Nigerian Department of State Services (DSS) in 2019 and he has not been seen or heard from since.
"Section 39 of the Nigerian Constitution also provides for the right to the freedom of expression. The implication of this Constitutional provision is that the Nigerian Citizen is allowed to express public views that are in opposition to those being spouted by Government officials.
"This practice is supposed to be routine in a functioning democracy as a variety of ideas on public issues should be welcome. Unfortunately, this does not seem to be the Nigerian way.
"The role of the Press in the democratic equation cannot be overemphasized or wished away. The press is also known as the “Fourth Estate” because of its explicit capacity for advocacy and implicit ability to frame political issues.
"A free press has the responsibility to hold government officials accountable for their campaign promises and keep the citizenry informed so that they make wise decisions.
"Consequently, we strongly believe that NBC acts in a manner inconsistent with the principles of democratic governance when it needlessly attacks the media and fines them because they air opinions that are critical of government officials.
"The NBC must align its regulatory role with its constitutional duty of respecting and protecting the freedom of the press.
"The dark days of authoritarian
government in Nigeria ended with military rule, and the organs of government must ensure this paradigm change, 24 years into democratic governance.
"The Nigerian media are already constricted by the monumental task of remaining operational under the prevailing economic conditions.
"The additional burden of arbitrary fines imposed by the NBC is ultra vires and inimical to their development.
"This fact was highlighted by the Federal High Court when it settled a case brought by the Incorporated Trustees of Media Rights Agenda in favour of the plaintiffs The Federal High Court reprimanded the NBC by issuing a perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines."
However, the rights group made some demands on the heels of the letter purportedly issued by NBC; An immediate retraction of the “final warning” letter issued by the leadership of NBC to Arise News Media, accompanied by a public apology and an acknowledgement that NBC had acted in error when it issued that warning; Arise News Media and all other Broadcast stations should be allowed to express views that are critical of Government officials and public figures. This is in keeping with the
Constitutional protections afforded to Citizens to freely express themselves and the specific role carved out for the Press in the Constitution.
The NBC Act and NBC Code must be rewritten and amended to enable the Commission to perform its duties in a manner that is not inconsistent with governance by democratic principles and norms. The Organization should be restructured in a manner that makes it unusable as a cudgel to shrink the Nigerian civic space; The immediate release of all journalists and members of the press who are being unlawfully detained by Nigerian law enforcement and security agencies.
Bravery from the Nigerian Judiciary in deciding cases involving the media. We hope to see more judgments like that of the Federal High Court protecting the right to freedom of expression and a free press.
"On our part, Global Rights remains committed to advocating for the protection of human rights and we lend our voice in support of the Nigerian press and mass media. We stand unequivocally behind the words of Former United States Secretary of State, Madeleine Albright, when she said, “the ability of a free and independent press to hold political leaders accountable is what makes open government possible”.
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