From out of the blues, the National Broadcasting Commission (NBC), in a letter dated March 27, announced the imposition of a N5 million fine against Channels television for its broadcast of a live interview with the Vice Presidential Candidate of the Labour Party in the recent general elections, Yusuf Datti Baba-Ahmed. In the interview, Mr. Baba-Ahmed had stated that there was a constitutional basis to halt the inauguration of Bola Ahmed Tinubu, the announced winner of the 2023 Presidential election. The interview anchor, Seun Okinbaloye had during the interview, queried Mr. Baba-Ahmed’s postulations on the inauguration of Tinubu. This did not however seem to have made any impression on NBC, in its exercise of power to sanction broadcast stations.
Human rights organisations and stakeholders in Nigeria’s civic space have frequently questioned NBC’s arbitrary use of regulatory powers to stifle free expression, contrary to constitutional guarantees. In a statement on the matter, Policy and Legal Advocacy Centre (PLAC) noted that the NBC has resorted to arbitrary and frequent imposition of fines on broadcast stations for so-called breaches of Broadcasting Code. In a Call-to-Action issued on April 3, 2023, PLAC had called on the Human Rights Committees of the National Assembly – Senate and House of Representatives, to amend the NBC Act and prohibit the Commission’s constant use of sanctions against broadcast stations. A key complaint against the NBC is its failure to provide the opportunity for fair hearing to broadcast stations on complaints made against them and lack of any stipulation or guideline on the exercise of its power to impose sanctions.
In its own statement, the Broadcasting Organisation of Nigeria expressed concern over the declining trust of stakeholders in the independence of NBC. The group stated that the NBC did not investigate or provide opportunity for defence in relation to the petition written against Channels Television by the All Progressives Congress (APC) Presidential Campaign Council. It further stated that the NBC did not follow the procedure for handling complaints as provided in the Broadcasting Code.
Reacting to the fine imposed on Channels Television, the National Human Rights Commission called for caution on the part of the NBC in carrying our its responsibilities as a regulator. Speaking at one of the Commission’s programmes, Hilary Ogbonna, Project Coordinator at the Commission noted that the sanction of media organisations based on complaints by political parties was creating a negative narrative of democracy in the country. He added that sanctions should be the last resort in the media industry due to the critical role of the sector.
Other organisations that have spoken against the constant use of fines by the NBC to sanction broadcast stations include Socio-Economic Rights and Accountability Project (SERAP) and Amnesty International, Nigeria.