NBC code infringes on freedom of expression of Nigerian media – ECOWAS court

The ECOWAS court has ruled that the use of the Nigerian Broadcasting Code by the National Broadcasting Commission to penalize and fine broadcast stations infringes on their right to free speech. The ruling was made on October 23 in a lawsuit brought against the Federal Republic of Nigeria by the non-governmental organization, Expression Now Human Rights Initiative. The court found that the Nigerian government failed to harmonize its domestic laws with its international commitments.

The court noted that member states must consider their alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights when passing legislation. The court also directed the Nigerian government to stop implementing the provisions of the Nigeria Broadcasting Code until they were in accordance with its obligations under the African Charter on Human and People’s Rights.

In a previous ruling, the court determined that the National Broadcasting Commission lacked the authority to punish broadcast stations with sanctions because it was not a court of law.

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