The Economic Community of West African States (ECOWAS) Court has declared that the Nigeria Broadcasting Code contravenes freedom of expression.
ECOWAS Court in a judgment delivered in a suit filed by an NGO- Expression Now Human Rights Initiative against the Federal Republic of Nigeria, held that Nigerian government has failed in its responsibility to align its domestic legislation with its international obligations under [p.31, para.65].
The ruling was made on 23 Octobet 2023, according to a press statement made available to Prompt News by Barrister Solomon Okedara, Counsel to the petitioners.
The Applicant had challenged the use of the Nigerian Broadcasting Code by the Nigerian government to arbitrarily impose sanctions including fines on broadcast stations.
The court observed that in enacting laws “member states must give due consideration to its alignment with international guarantees and obligations like those under the ACHPR”[p.22, para. 49].
(1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) contravenes Article 9(1 & (2) of the ACHPR.[p.32].
The court also answered in the affirmative and re-emphasizes that the fines imposed under Article 15(5(1) of the Amendments to the NBC (6 th Edition), in furtherance of implementation of Articles 3(1)(1), 3(1)(2) of the NBC are in violation of Article 9 of the ACHPR. [p.30., para.64].
The court ordered that the Nigerian government led by President Bola Ahmed Tinubu align 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) in line with its obligations under Article 1 of the ACHPR and to cease giving effect to the provisions until it has aligned same as ordered [p.32].
