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By : Silver Nwokoro
Date: 21 Apr 2025
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National Broadcasting Commission
SOCIO-ECONOMIC Rights and Accountability Project (SERAP) has sued the National Broadcasting Commission (NBC) at the Federal High Court sitting in Lagos over failure to reverse the “arbitrary, illegal and unconstitutional ban” on Eedris Abdulkareem’s song ‘Tell Your Papa.’
The lyric, which allegedly criticised President Bola Tinubu’s economic policies, was prohibited from radio and TV broadcast over its objectionable nature. NBC cited the song’s violation of public decency standards on radio and TV stations.
In the suit numbered FHC/L/CS/797/2025 and filed at the weekend, SERAP is seeking an order setting aside the ban for being inconsistent and incompatible with the rights to freedom of expression, access to information, and media freedom.
The group is also 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 the song on all broadcast stations and other similar media platforms in Nigeria.
The organisation equally prayed for a declaration that the NBC’s directive, issued via a letter dated April 9, 2025, to all broadcast stations in Nigeria, banning the airing of the song, was 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 regulator was censoring music under the guise of protecting public decency’, noting that public decency is not a carte blanche for banning Eedris’ song and placing a chokehold on information and suppressing peaceful dissent.
The body 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 domain as political discourse and commentary on public affairs.
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.
In the suit filed by its lawyers, Kolawole Oluwadare, Oluwakemi Agunbiade and Valentina Adegoke, the organisation said 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,” the group argued. No date has been fixed for hearing of the suit.
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