Socio-Economic Rights and Accountability Project
(SERAP) has filed a lawsuit against the National Broadcasting Commission (NBC)
over “the failure to reverse the arbitrary, illegal and unconstitutional ban on
Eedris Abdulkareem’s song ‘Tell Your Papa’.
The song, which allegedly criticised President Bola
Tinubu’s economic policies, was prohibited from radio and TV broadcast over its
“objectionable nature”. The NBC cited the song’s violation of “public decency
standards” on radio and TV stations.
In the suit number FHC/L/CS/797/2025 filed last
Thursday at the Federal High Court, Lagos, SERAP is seeking: “an order setting
aside the arbitrary and illegal ban on Eedris Abdulkareem’s song ‘Tell Your
Papa’, for being inconsistent and incompatible with the rights to freedom of
expression, access to information, and media freedom.”
SERAP is seeking: “an order of perpetual injunction
restraining the NBC whether jointly or severally or any other authority, person
or group of persons from preventing the airing of Eedris Abdulkareem’s song on
all broadcast stations and other similar media platforms in Nigeria.”
SERAP is also seeking “a declaration that the NBC’s
directive, issued via a letter dated 9 April 2025 to all broadcast stations in
Nigeria, banning the airing of Eedris Abdulkareem’s song is unlawful and
inconsistent and incompatible with the rights to freedom of expression, access
to information, and media freedom.”
In the suit, SERAP is arguing that: “The NBC is
censoring music under the guise of ‘protecting public decency’. Public decency
is not a carte blanche for banning Eedris’ song and placing a chokehold on
information and suppressing peaceful dissent.”
SERAP is arguing that, “Freedom of expression
constitutes one of the essential foundations of a democratic society and
extends not only to information or ideas that are favourably received, but also
to those that offend, shock or disturb in such domains as political discourse
and commentary on public affairs.”
SERAP is also arguing that, “The ban on Eedris’ song
has a chilling effect on freedom of expression, access to information and media
freedom. The NBC has not shown that the song would impose a specific risk of
harm to a legitimate State interest that outweighs the public interest in the
information provided by the song.”
According to SERAP, “Section 3.1.8 of the Nigeria
Broadcasting Code is overbroad and excessively intrusive, as it breaches the
fundamental rights to freedom of expression, access to information and media
freedom.”
The suit filed on behalf of SERAP by its lawyers,
Kolawole Oluwadare, Ms Oluwakemi Agunbiade and Ms Valentina Adegoke, read in
part: “All persons enjoy the rights to freedom of expression and creativity and
to enjoy the arts.”
“The ban on Eedris’ song fails to meet the
requirements of legality, necessity, and proportionality.”
“The requirement of necessity also implies an
assessment of the proportionality of the grounds, with the aim of ensuring that
the excuse of ‘objectionable nature’ and ‘public decency’ are not used as a
pretext to ban Eedris’ song and unduly intrude upon Nigerians’ human rights.”
“Expressions, whether artistic or not, always remain
protected under the right to freedom of expression. The NBC directive is also
inconsistent and incompatible with the right to freedom of artistic expression
and creativity.”
“Art constitutes an important vehicle for each person,
individually and in community with others, as well as groups of people, to
develop and express their humanity. Artists may entertain people, but they also
contribute to social debates, sometimes bringing counter-discourses and
potential counterweights to existing power centres.”
“The vitality of artistic creativity is necessary for
the functioning of democratic societies. Banning or removing creative
expressions from public access is a way to restrict artistic freedom.”
“It is inconsistent and incompatible with the Nigerian
Constitution 1999 [as amended] and the country’s international human rights
obligations to use vague and overly broad grounds of ‘objectionable nature’ and
‘public decency’ as justifications to ban Eedris’ song.”
“The action by the NBC is arbitrary, illegal, and
unconstitutional, as it is contrary to the provisions of section 39 of the
Nigerian Constitution, article 9 of the African Charter on Human and Peoples’
Rights, and article 19 of the International Covenant on Civil and Political
Rights, to which Nigeria is a state party.”
“Media freedom and media plurality are a central part
of the effective exercise of freedom of expression. The media has a vital role
to play as ‘public watchdog’ in imparting information of serious public concern
and should not be inhibited or intimidated from playing that role.”
“While the media may be subject to some restrictions
necessary for the protection of certain vital interests of the state, such as
national security or public health, the media has a role and responsibility to
convey information and ideas on political issues, even divisive ones and the
public has a right to receive them.”
“Article 19(2) of International Covenant on Civil and
Political Rights, states that the right to freedom of expression includes the
freedom to seek, receive and impart information and ideas of all kinds ‘in the
form of art’.”
“The effects of art censorship or unjustified
restrictions of the right to freedom of artistic expression and creativity are
devastating. They generate important social and economic losses, deprive
artists of their means of expression and livelihood, create an unsafe
environment for all those engaged in the arts and their audiences.”
“Restrictions of the right to freedom of artistic
expression also sterilize debates on human, social and political issues and
hamper the functioning of democracy.”
“Article 19 (1) of the International Covenant on Civil
and Political Rights establishes the right to freedom of opinion without
interference. Article 19(2) establishes Nigeria’s obligations to respect ‘the
right to freedom of expression,’ which includes the freedom to seek, receive
and impart information, regardless of frontiers.”
“Under article 19(3), restrictions on the right to
freedom of expression must be ‘provided by law’, and necessary ‘for respect of
the rights or reputations of others’ or ‘for the protection of national
security or of public order (ordre public), or of public health and morals’”
No date has been fixed for the hearing of the suit.
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