ECOWAS Court Says Few NBC Codes Violate Human Rights

Some of the Nigeria Broadcasting Code’s provisions have been ruled by the ECOWAS Court of Justice to violate the rights of Nigerian people, particularly the right to free speech.

The Nigeria Broadcasting Code, sixth edition, violates the rights of Nigerian citizens, including freedom of expression. The provisions in question are Articles 3 (1) (1), 3 (1) (2), 15 (2) (1) of the NBC, and Article 15 (5) (1) of the Amendments to the code.

The court delivered its judgment on October 23 and stated that the codes “contravene Article 9 (1) & (2) of the African Charter on human and Peoples’ Rights (ACHPR)”.

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“Consequently, it ordered the Respondent (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) with its international obligations.

“In addition, it ordered that the Respondent ceases to give effect to 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) until it has aligned same as ordered.

“It dismissed all other claims by the Applicants,” the statement said.

The suit was filed by a civil society organisation, Expression now Human Rights Initiative.