ECOWAS Court Decision: NBC Code Faces Criticism For Restricting Media Freedom

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The Economic Community of West African States Court in Abuja has declared that the National Broadcasting Commission’s (NBC) utilization of the Nigerian Broadcasting Code to penalize and impose fines on broadcast stations violates their right to free speech…CONIUE READING

The ruling, issued on October 23, was in response to a lawsuit brought against the Federal Republic of Nigeria by the non-governmental organization Expression Now Human Rights Initiative.

The ECOWAS court found that the Nigerian government had failed in its duty to align its domestic laws with international commitments.

The applicant contested the arbitrary imposition of sanctions, including fines, on broadcast stations based on the NBC Code.

Justice Dupe Atoki, presiding over the court, emphasized that “member states must give due consideration to its alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights” when passing legislation.

The court ruled that Articles 3 (1) (1), 3 (1) (2), 15 (2) (1), and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) violated the right to free speech.

It found that Article 3(1) (1) of the Code violated the African Charter on Human and People’s Rights, Articles 9(1) and (2), due to its limitless reach.

The court deemed Article 3(1)(2) of the Code excessively unclear and vague, potentially leading to the curtailment of the right to freedom of expression.

Additionally, the court directed the Nigerian government to cease implementing the provisions until they align with Article 1 of the ACHPR and to bring the specified articles of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under that article.

This ruling aligns with a previous decision in May by Justice James Omotosho, who determined that the NBC lacked the authority to impose sanctions on broadcast stations as it was not a court of law.