The ECOWAS Court of Justice has declared some provisions of the Nigeria Broadcasting Code as infringements on Nigerian citizens rights, including freedom of expression.
The affected provisions of the law, the sixth edition, 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, according to a statement from its communications unit, delivered the judgement on 23 October, declaring that the codes contravene Article 9 (1) & (2) of the African Charter on human and Peoples Rights (ACHPR).
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.
The statement said: It dismissed all other claims by the Applicants.
The suit was filed by a civil society organisation, Expression now Human Rights Initiative.
The panel of judges who heard the case is composed of Dupe Atoki, (presiding), Sengu Mohamed Koroma, (judge rapporteur), and Ricardo Cludio Monteiro Gonalves, (member).
