“Withdraw threats to shut down broadcast stations”, SERAP tells FG.

The President, Major General Muhammadu Buhari (ret. ), has been urged by the Socio-Economic Rights and Accountability Project to “instruct the Minister of Information and Culture, Lai Mohammed, and the National Broadcasting Commission to urgently withdraw the ‘last warning’ and threat to revoke the licenses of broadcast stations and shut them down over their coverage of elections and post-election matters.”

Last week, the NBC threatened to suspend or revoke the licenses of broadcast stations, saying that it was “giving its last warning to broadcast stations and will not hesitate to shut or revoke the license of any when convinced that its activities are capable of undermining the peaceful coexistence of the country.”

This was his disclosed in a statement following a meeting between the NBC’s Director-General, Balarabe Ilelah, and broadcast stations on the coverage of the February 25 presidential and National Assembly elections.

However, the organization warned that the NBC’s “last warning” and threat, if not immediately withdrawn, would restrict freedom of expression and the capacity of broadcast stations to cover significant issues surrounding the 2023 general election. The letter, dated March 11, 2023, was signed by SERAP deputy director Kolawole Oluwadare.

Threatening to close down and withdraw the licenses of broadcast stations just for acting in their “watchdog function” is, in the opinion of SERAP, clearly in conflict with Nigeria’s constitutional responsibilities and its obligations under international human rights law.

The letter partly read, “Political expression is a fundamental right. The threat by the NBC creates a significant risk that legitimate expression may be prohibited.

“Such unlawful prohibition may prevent transparency and dissemination of information on legitimate issues of public interest around the 2023 general election.

“We would be grateful if the requested action is taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

According to SERAP, the danger could have a direct effect on broadcast stations’ operations in ways that are incompatible with the freedoms of expression, access to information, and media freedom.

It stated that the FG had a legal obligation to create an atmosphere that allowed a wide range of political viewpoints and ideas to be freely expressed and discussed in relation to the general election.

“The threat by the NBC is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.

“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to threaten to shut down broadcast stations is inconsistent and incompatible with human rights requirements,” the organisation added.

According to SERAP, the danger could have a direct effect on broadcast stations’ operations in ways that are incompatible with the freedoms of expression, access to information, and media freedom.

It stated that the FG had a legal obligation to create an atmosphere that allowed a wide range of political viewpoints and ideas to be freely expressed and discussed in relation to the general election.

“The threat by the NBC is neither necessary nor proportionate, as it would unduly intrude upon Nigerians’ right to freedom of expression, access to information, and media freedom.

“The use of vague and undefined phrases such as ‘unpatriotic individuals’ ‘subversive, hateful, and inciting utterances, particularly post-election’, as grounds to threaten to shut down broadcast stations is inconsistent and incompatible with human rights requirements,” the organisation added.

According to SERAP, the FG is legally obligated to refrain from imposing limits that are inconsistent with the requirements of human rights, including on the debate of political and election-related matters.

“It is also against constitutional and international human rights requirements to threaten broadcast stations solely for their coverage of the election-related issues on the basis of nebulous terms like ‘unguarded statements, divisive and dangerous comments,’ ‘negative conversations,’ as used by the NBC.

“The threat may stifle reporting on political and election-related issues, as well as have a deterrent effect on the public’s exercise of their right to freedom of expression on political and election-related issues, in particular issues deemed controversial or critical,” it added.