Human rights lawyer, Femi Falana, SAN has declared the recent withdrawal of the operating license of Daar Communication by Nigeria Broadcasting Corporation as illegal, stressing that the Corporation lacks the power to do so.
In a statement issued to newsmen on Sunday, Falana said the regulator cannot also ban radio houses from playing records of artists or impose fines on alleged offenders without recourse to the court.
His statement read
“No doubt, the NBC has been empowered by the NBC Act to regulate all broadcasting organizations in the country. But in exercising its wide powers NBC has to be made to appreciate that it can no longer operate outside the ambit of the Constitution as was the case under military rule,” he said.
“Since fundamental rights including freedom of expression can no longer be curtailed or abrogated except in a manner permitted by law, the NBC ought to realize that it cannot suspend licenses of media houses, ban radio houses from playing records of artists or impose fines on alleged offenders without a court order.
“Alternatively, the NBC may request the Attorney-General to charge a media house for breaching the provisions of the NBC Act or penal statutes. Otherwise, the powers of the NBC may be arbitrarily exercised to the detriment of law and order in the society.”
He described the reopening of AIT and Raypower FM as a victory for democracy, calling on security agencies to withdraw their men from DAAR Communications, head office in Abuja.
“The NBC has just lifted the suspension of the licenses of AIT and Raypower FM Radio stations in compliance with the ex parte order granted by the federal high court. It is hoped that the authorities of the Nigeria Police Force and State Security Service will withdraw the armed goons mounting siege in the compound of the AIT/Raypower FM stations without any delay,” he said.
“As far as democratic forces in the country are concerned, the battle for press freedom has been won, once again. But it is a temporary victory which should not be celebrated without caution.
“Even under the most vicious military junta in Nigeria, the courts ordered the reopening of the premises of the National Concord and Punch newspapers which were illegally closed down and occupied for months by armed troops. And the court orders were complied with by the military dictators.”
Recall that last week Thursday, NBC suspended the license of Daar Communication indefinitely over alleged breach of the broadcasting code. A Federal High Court sitting in Abuja, however, reversed the decision by ordering both parties to maintain status quo.