The Economic Community of West African States Court of Justice has ordered the federal government to cease the use of articles of the Nigerian Broadcasting Code because the code fails to meet international human rights obligations. In a judgment the ECOWAS Court of Justice pronounced on October 23, it said that the Nigerian Broadcasting Code did not align with international agreements such as the African Charter on Human and Peoples Rights (ACHPR)....CONTINUE READING
The Incorporated Trustees of Expression Now Human Rights Initiative (ENHRI) had taken the Federal Government of Nigeria to court for violating various human rights enshrined in fundamental human rights laws, particularly freedom of expression. ENHRI filed this suit in 2020.
Dupe Atoki, Sengu Mohamed Koroma and Ricardo Cláudio Monteiro Gonçalves made up the panel of judges for this ruling at the international court.
They ruled that articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) contravene article 9 (1) and (2) of the African Charter on Human and Peoples’ Rights (ACHPR).
ENHRI had argued that the Nigeria Broadcasting Code was a federal law that restricted freedom of expression through specific provisions (Articles 3 (1) (1), 3 (1) (2) and amendment article 15 (5) (1)).
The court ordered the Nigerian government to align articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under article 1 of the ACHPR and “submit to the court within six (6) months of the date of notification of this judgment, a report on the measures taken to implement the orders set-forth herein”.
Instances of the abuse the Nigerian Broadcasting Code ENHRI referenced include the federal government’s imposition of a N5 million fine on Nigeria Info, a radio station, claiming comments from one of the station’s guests could lead to crime or incite public disorder.
Solomon Okedara, ENHRI’s counsel, told FIJ that he expected Nigeria to comply with the court’s ruling. He also explained that Nigeria was using the wrong approach to tackle hate speech.
“We expect the federal government, within the stipulated six months, to file a notice of compliance to the court. This judgment was delivered during the tenure of the chairmanship of Nigeria’s president. The ECOWAS chairman is Nigeria’s president, and he has the duty to show leadership,” Okedara told FIJ on Tuesday.
“One thing is clear, the court has the power to under article 77 of the ECOWAS Revised Treaty to sanction any erring member state that fails to comply with the judgment of the court. The court has that power. I want to believe that, because Nigeria is in a sensitive position producing the ECOWAS chairman, the chairman needs to understand the implication of compliance with the court’s judgment on the part of Nigeria as a leader in the ECOWAS bloc.
“The stakeholders, particularly the regulators, need to understand that you don’t fight hate speech by legislation.There is no jurisdiction in the world where hate speech has been successfully fought with legislation. I think we need to have sufficient industry engagement, bring all stakeholders to the table, listen to them and let them share their grievances. Then we can find a more accommodating approach to determining responsible journalism.
“We must remember that section 45 of our constitution says that all these rights, including rights to freedom of expression, can only be restricted by a law that is reasonably justifiable in a democratic society. Such a restriction must be reasonably justifiable in a democracy. We can’t bring examples of Vietnam, China and North Korea. Those are not democracies.”
