NBA Kicks Against Kano Government’s Media Regulations

The Nigerian Bar Association (NBA) has asserted that no state government in Nigeria holds the legal power to control broadcast content on radio and television, emphasizing that such authority rests exclusively with the National Broadcasting Commission (NBC).

The Kano State Government recently rolled out a set of new rules, which it claimed were intended to protect the cultural and religious values of the state. These rules included a total prohibition on live political programs and a mandate for all media guests to sign a commitment promising not to make offensive or defamatory statements. The regulations further stipulated, “Presenters are prohibited from asking provocative questions or making gestures that could incite defamation or damage Kano State’s image.”

According to the state government, these measures were finalized during a meeting with media executives in Kano. However, the NBA has vehemently rejected the initiative, labeling it as unconstitutional and a danger to freedom of expression.

Afam Osigwe, the NBA president, issued a statement denouncing the Kano government’s actions, describing them as “ill-advised” and “entirely unconstitutional.” He declared, “The Nigerian Bar Association (NBA) unequivocally states that no state government has the legal competence to regulate or censor broadcast content in Nigeria.”

Osigwe underscored that the NBC, as established under the NBC Act, is the sole entity legally authorized to oversee broadcasting in Nigeria. “That responsibility lies squarely with the National Broadcasting Commission (NBC), established by the NBC Act, to ensure that broadcast content aligns with national standards and constitutional provisions,” he stated.

He noted that the NBC Code already provides a comprehensive framework for regulating broadcasting, including procedures for addressing violations. “If any station is found in breach of these guidelines, the NBC, not state governments, is empowered to take corrective action,” he affirmed.

Condemning the ban on live political programs, Osigwe cautioned that it jeopardizes democratic values and risks eroding public confidence. “Attempting to suppress live political programming under the guise of maintaining public order sets a dangerous precedent and threatens the vibrancy of political discourse, transparency, and accountability. It also undermines media independence and public access to information, especially in a democratic society where the free exchange of ideas is non-negotiable,” he stated.

Osigwe further contended that the initiative contravenes Section 39 of the 1999 Constitution, which enshrines freedom of expression. “This unilateral action by the Kano State Government amounts to a gross violation of Section 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees every Nigerian the right to freedom of expression, including the freedom to receive and impart information and ideas without interference,” he said.

Demanding prompt action, the NBA called on the NBC to reinforce its regulatory authority to curb further overreach by state governments. “The NBA calls for the immediate reversal of this directive and urges the National Broadcasting Commission to reassert its regulatory authority to prevent future encroachments by state governments,” the statement concluded.

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli