Kano can’t usurp NBC’s role, gag free speech – NBA

The Nigerian Bar Association (NBA) has said the Kano State Government’s announcement of a ban on all live political programmes aired by radio and television stations strikes at the very heart of democratic expression.

In a statement on Thursday, NBA President, Afam Osigwe SAN, said the action, allegedly aimed at curbing “inflammatory, divisive, and defamatory content,” is not only ill-advised but entirely unconstitutional.

He said no state government has the legal competence to regulate or censor broadcast content in Nigeria because 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.

“The NBC Code already provides a comprehensive framework for regulating broadcasting, including mechanisms for addressing inappropriate or harmful content. If any station is found in breach of these guidelines, the NBC, not state governments, is empowered to take corrective action.

“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,” Osigwe said.

According to him, 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.

He said it also undermines media independence and public access to information, especially in a democratic society where the free exchange of ideas is non-negotiable.

“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.

“As a profession and as an institution, the NBA remains resolute in defending the rule of law and constitutional freedoms. Nigeria cannot afford to slide into an era where critical voices are silenced, and lawful expression is criminalised,” Osigwe said.

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