Inibehe Effiong, a fundamental human right activist based in Lagos has has filed a fundamental rights enforcement suit to challenge the “unlawful” imposition of N5 Million fine on Nigeria Info 99.3FM Lagos and the threat by the National Broadcasting Commission (NBC) to punish other broadcast stations in the country over alleged Hate speech.
Effiong pleads with the court to ascertain “Whether the imposition of a sentence of fine and other penalties on broadcast stations and broadcasters in Nigeria by the National Broadcasting Commission for alleged contravention of the Nigeria Broadcasting Code without a trial and conviction by a court of law is not unconstitutional, illegal, arbitrary and a flagrant breach of the right to fair hearing as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9 Laws of the Federation of Nigeria, 2004”.
The lawyer also wants the court to determine “Whether the imposition of a sentence of fine and other penalties on broadcast stations and broadcasters by the 1st Respondent during radio and television programmes for critical comments made by citizens about the government and public office holders considered by the Respondents to be “abusive”, “insulting” and/or “ Hate speech ” is not a breach of the right to freedom of expression given that the said expressions are neither created nor defined as offences under any written law that is reasonably justifiable in a democratic society having regard to Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap. A9 Laws of the Federation of Nigeria, 2004”.
Effiong told the court that the actions of the NBC, the Minister of Information and the Federal Government have gravely affected his freedom of expression and that of broadcast stations, broadcasters and other Nigerian citizens who also appear as guests on radio and television stations to express critical views about the government and public office holders.
Upon filing this report, No date has been fixed for the hearing of the suit.
