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CJID, SERAP sue NBC and Buhari over N5m fine imposed on Channels TV

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The Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID) have filed a lawsuit against President Muhammadu Buhari over the N5 million fine imposed on Channels Television.

The National Broadcasting Commission (NBC) and Lai Mohammed, minister of information and culture, are joined in the suit.

Last week, the National Broadcasting Commission (NBC) fined Channels Television over an interview with Datti Baba-Ahmed, vice-presidential candidate of the Labour Party (LP), saying the broadcast violated some sections of its code.

Datti had alleged that Bola Tinubu did not meet the constitutional requirements to be sworn in as Nigeria’s president.

In the suit marked FHC/L/CS/616/2023 and filed last week before a federal high court in Lagos, the plaintiffs are asking the court to determine whether the NBC code used to impose the penalty and “threat of higher sanctions is not inconsistent and incompatible with access to information and media freedom”.

The petitioners, in the suit filed by their lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Blessing Ogwuche, also prayed the court to declare the fine “arbitrary, illegal and unconstitutional”.

The organisations also sought “an order setting aside the N5m fine for being inconsistent and incompatible with section 22, 36 and 39 of the Nigerian Constitution 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights”.

The plaintiffs requested “an order directing and compelling the NBC to reverse its arbitrary and unlawful decision to impose a fine of N5m on Channels TV forthwith”.

SERAP and CJID said “the media has the task of distributing all varieties of information and opinion on matters of general interest and public interest”.

They argued that “under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, freedom and diversity must be guiding principles in the regulation of broadcasting. The fine of N5m imposed on Channels TV is entirely inconsistent and incompatible with these principles”.

“Although article 19(3) recognises ‘national security’ as a legitimate aim, the Human Rights Committee has stressed ‘the need to ensure that the invocation of national security is not used unjustifiably or arbitrarily to restrict freedom of expression and media freedom,” they said.

“The use of NBC Act and Code in this case would inadmissibly open the door to arbitrariness and would fundamentally restrict the freedom of expression that is an integral part of the public order protected by the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”

The litigants said the NBC Act and broadcasting code “cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, just demands of a democratic society, and the public interest”.

“The fine is arbitrary and unlawful and would have a disproportionate and chilling effect on the work of other broadcast stations and journalists and Nigerians,” they said.

No date has been fixed for the hearing of the suit.

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80% of buildings in Lekki have no government approval, says commissioner

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Oluyinka Olumide, commissioner for physical planning and urban development in Lagos, says 80 percent of buildings in the Ibeju Lekki-Epe corridor have no government approval.

The Lagos government has been facing backlash for the demolition of buildings and shanties across the state.

Tokunbo Wahab, commissioner for environment in Lagos, has repeatedly said the demolished structures were erected in contravention of the city’s masterplan, were never approved by the relevant agencies, and occluded drainage channels.

In an interview with journalists, Olumide said despite the rigorous procedures involved in securing government approval, property developers and owners are still circumventing due process.

“Just last Thursday and Friday, my team and I were in the Ibeju Lekki and Epe axis and you would agree that anybody passing through that corridor would see a lot of estates marked,” he said.

“We went there, and I can tell you that from what we saw, over 80 percent of them do not have approval.

“The procedure to get approval is first to get the planning information, as to what those areas have been zoned for. In this case, what we have is agricultural land, and people now go to their families to buy agricultural land.

“Of course, those lands would be sold because those families do not know the use such land would be put to.

“The next thing to do is the fence permit. If you missed the earlier information on not knowing the area zoning, at the point of getting the fence permit, you would be able to detect what the area is zoned for. After that, the layout permits a large expanse of land.

“So, you can see all these layers. But people still go ahead to start advertising. Some have even gone to the extent of displaying the sizes they want to sell. Imagine someone in the diaspora who wants to send money without any knowledge.

“Then, no approval is eventually gotten. Even if they pass the assignment and the survey to them, we would not grant the individual permit, because that area is not zoned for that purpose.”

On Sunday, Wahab said owners of recently demolished property in Maryland had been served notices since 2021.

“We are not just doing demolitions. The law allows us to remove encumbrances on the right of way of the drainage channels,” Wahab said on Channels Television.

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Lagos state government to demolish 100 shanties at Adeniji Adele, asks occupants to leave

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The Lagos government says it will undertake an enforcement action to remove over 100 shanties at the Adeniji Adele under-bridge area of the state.

In a statement posted on his X handle on Sunday, Tokunbo Wahab, Lagos commissioner for environment and water resources, said the decision to remove the shanties follows the expiration of a 48-hour notice given to the occupants to vacate the area.

He said operatives of the kick against indiscipline (KAI) and officials from the monitoring enforcement and compliance (MEC) department of the ministry would be given security backup to carry out the operation.

“This exercise is part of the avowed commitment of the present administration under Mr @jidesanwoolu to reclaim all ungoverned spaces that dot the Lagos landscape,” the statement reads.

“Unsightly shanties which are located in the heart of Lagos Island represent a distorted image of what a smart city like Lagos should be.

“Apart from the unsanitary conditions of residents in the shanties, it also serves as a hiding place for criminals and points for peddling hard drugs and substances which is injurious to the wellbeing of law-abiding residents.

“Therefore, I advise all the occupants of the shanties in their interest, to voluntarily move out with their belongings before the commencement of the enforcement operations on Monday.”

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Appeal court voids law prohibiting unmarried police officers from getting pregnant

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The court of appeal in Lagos has voided the regulations 126 and 127 of the Nigeria Police Act which allow the dismissal of unmarried policewomen who become pregnant while in service.

A three-member panel of justices led by Olubunmi Oyewole ordered the respondents in the suit – attorney-general of the federation (AGF), Police Service Commission (PSC) and the Nigerian Police Force (NPF) – to carry out a comprehensive review of the entire police regulations to ensure that they align with the demands of a modern society operating under the rule of law.

“It is unthinkable that the Nigerian Police of this day and age operates on the principle that female officers need to be specially moderated and regulated while their male counterparts are free,” Oyewole held.

“This is unacceptable in a decent and democratic society governed by the rule of law.

“The argument that the deprivation involved was consented to by prospective female police officers who cannot subsequently complain in the face of the constitutional provisions expressly granting them the rights involved as citizens of this country.

“The rights given go beyond those for the personal benefit of the individuals involved as could be waived by them. They are public rights which accord with the demands of a fair, equitable and humane society.

“These are standards and values demanded of modern nations and which are outside the purview of any individual to waive.

“I, therefore, hold that the said regulations 126 and 127 are inconsistent with the provisions of section 37 and 42 of the Constitution and are therefore null and void to the extent of their inconsistency pursuant to section 1 (3) of the Constitution.

“The Respondents are advised to carry out a comprehensive review of the entire police regulations to ensure that they accord with the demands of a modern society operating under the rule of law.

“I accordingly resolve the two issues in favour of the Appellant and against the Respondents.

“This appeal is meritorious, and it is hereby allowed. Consequently, the decision of the lower court in Suit No. FHC/ABJ/CS/178/2021 delivered on the 21st of February 2022 is hereby set aside.

“Instead, the questions for determination in the said suit are answered in the affirmative while the reliefs sought therein are granted as prayed. Parties shall bear their respective costs.”

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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