The judiciary is expanding the frontiers of freedom in Nigeria. On Wednesday, a Federal High Court sitting in Abuja nullified and voided the powers of the Nigeria Broadcasting Commission to impose fines on broadcast stations based on alleged breaches of its codes. This judgement is a victory for media practice and democratic ideals in the country.

In her judgement, Rita Ofili-Ajumogobia stated that NBC lacked the judicial powers to impose fines on broadcast stations, despite its statutory oversight. She restrained the NBC by issuing an order of perpetual injunction on it and its agents.

In the suit filed by Media Rights Agenda against the NBC, the judge set aside the N5 million fine imposed on Multichoice Nigeria, Telcom Satellite, Trust-TV Network, and NTA Star Times for broadcasting ‘The Bandit Warlords of Zamfara,’ a documentary on the menace of banditry in Zamfara State, in August 2022.

This is laudable and will stem the tide of clampdowns, and the excesses of media regulatory bodies. It will encourage media platforms to deliver thorough investigative journalism while preventing the government from gagging unpalatable national stories.

The NBC has long been deployed as a tool of the Federal Government to stifle the airing of the robust views of the opposition, dig up malicious regulatory loopholes, and arbitrarily fine broadcast stations. During the Muhammadu Buhari administration, his Minister of Information and Culture, Lai Mohammed, repeatedly breathed down the neck of the NBC, and accusing the media of publishing critical views against the government.

In 2019 for example, the NBC imposed a shutdown order on Africa Independent Television, accusing it of broadcasting “hate speech, divisive and media propaganda against the government.” Fortunately, Inyang Ekwo of the FHC Abuja, that same year nullified the suspension of the operating licence of Daar Communications, operators of AIT and Ray Power radio.

In 2020, the NBC similarly clamped down on AIT, Channels, and Arise TV over the coverage of the #EndSARS protests in various parts of the country. In 2022, Mohammed directed the NBC to take a hard stance on stations airing inciting broadcasts during the 2023 general elections. Many stations received warnings when they engaged members of the opposition party.

While the exercise of the Freedom of Information Act, which is meant to grant access to public documents for citizens and journalists, was being frustrated by government agencies, Muhammed campaigned for the passage of the Hate Speech and the Anti-Social Media bills.

To the chagrin of the free world, Nigeria banned Twitter (now X), from operating in Nigeria from June 2021 to January 2022, accusing the micro-blogging site of aiding the #EndSARS protesters.

Clearly, Ofili-Ajumogobia’s position that the NBC cannot be the accuser and the judge is right; it should leave a competent court of law to impose fines on erring broadcast stations.

Unfortunately, Nigeria’s press freedom outlook is abysmal. In its 2023 ‘Freedom in the World’ survey, UK-based Freedom House scored Nigeria a low 43 out of 100 in basic rights and press freedom. The Reporters without Borders ranked it 123 out of 180 countries, describing it as “one of West Africa’s most dangerous and difficult countries for journalists, who are often monitored, attacked and arbitrarily arrested.”

Although Nigeria is a signatory to the UN Universal Declaration of Human Rights, and the African Charter on Human and Peoples’ Rights, where press freedom is recognised as a fundamental aspect of democracy, it remains a troubled landscape for media practice.

President Bola Tinubu, and his Minister of Information and National Orientation, Mohammed Malagi, must reverse the tensions between media and government. They should ease the economic landscape for media operators, protect the rights of journalists, allow for broad critical engagement on national issues in the country, and engage the rule of law when tackling ethical breaches.

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