A Federal High Court sitting in Lagos has dismissed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Broadcasting Commission (NBC), the President of Nigeria, and the Minister of Information and Culture over sanctions imposed on media houses following the 2023 general elections.
Justice Alexander Owoeye, who delivered the ruling, held that SERAP lacked locus standi—the legal standing to bring the case. This made the suit incompetent and deprived the court of jurisdiction.
SERAP had challenged NBC’s issuance of a “last warning” to broadcast stations, threatening sanctions or license revocation for airing content deemed inciting, subversive, or hateful during the politically sensitive post-election period.
The organization argued that NBC’s actions infringed on constitutional rights and violated international treaties, including Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights. SERAP claimed that the language used by NBC was vague and opened the door for arbitrary censorship.
However, NBC’s lawyer, Olanrewaju Osinaike, filed a preliminary objection, asserting that SERAP had no authority to sue on behalf of the affected media outlets, none of which were part of the suit. He also referenced a similar past case decided in NBC’s favor, although the court ruled that res judicata did not apply here due to differences in parties and context.
Despite that, Justice Owoeye emphasized that without personal harm or consent from the media houses involved, SERAP could not legally pursue the case. As such, the suit was struck out, and each party was directed to bear its own legal costs.
NBC defended its actions as being within its statutory duties to maintain public order and enforce broadcasting standards under the National Broadcasting Commission Act.
This judgment marks a setback for SERAP, which has been vocal in challenging perceived restrictions on freedom of expression and press freedom in Nigeria.
