The Socio-Financial Rights and Accountability Challenge (SERAP) has requested a Federal Excessive Court docket in Lagos to reverse the ban positioned on Eedris Abdulkareem’s track, ‘Inform Your Papa’ by the Nationwide Broadcasting Fee (NBC).
SERAP is urging the court docket to declare that NBC’s directive issued on April 9, 2025, to all broadcast stations in Nigeria, banning the airing of the track, as illegal and violates the rights to freedom of expression, entry to info, and media freedom.
The organisation, within the go well with that has but to be assigned to a choose, can be looking for a perpetual injunction to restrain NBC, both collectively or individually, or some other authority, individual, or group, from stopping the airing of Abdulkareem’s track on all broadcast stations and comparable media platforms in Nigeria.
In an affidavit hooked up to the go well with, SERAP argued that banning the track is inconsistent with the rights to freedom of expression, entry to info, and media freedom.
SERAP additional said that NBC is censoring music beneath the guise of “defending public decency.” They contend that public decency shouldn’t be used as a pretext for banning Abdulkareem’s track and suppressing peaceable dissent.
The plaintiff maintained that freedom of expression is a basic facet of a democratic society and extends to info or concepts that will offend, shock, or disturb, notably in political discourse and commentary on public affairs.
The organisation additionally claimed that NBC has not demonstrated that the track poses a selected danger of hurt that outweighs the general public’s curiosity within the info it supplies.
SERAP said, “Part 3.1.8 of the Nigeria Broadcasting Code is intensive and intrusive, infringing on the basic rights of freedom of expression, entry to info, and media freedom.
“All people benefit from the rights to freedom of expression and creativity, in addition to the enjoyment of the humanities. The ban on Eedris’ track fails to fulfill the necessities of legality, necessity, and proportionality,” they argued.
“The need requirement additionally entails assessing the proportionality of the explanations given, guaranteeing that claims of ‘objectionable nature’ and ‘public decency’ are usually not used as a pretext to censor Eedris’ track and unduly infringe upon Nigerians’ human rights.
“All expressions, inventive or in any other case, are protected beneath the proper to freedom of expression. The NBC directive contradicts and undermines the proper to freedom of inventive expression and creativity,” SERAP emphasised.
It additional harassed that artwork is significant for people and communities to specific their humanity, including that whereas artists entertain, they contribute to social debates, offering counterarguments and potential checks on current energy dynamics.
“The vitality of inventive creativity is crucial for the functioning of democratic societies. Banning or eradicating inventive expressions from public entry restricts inventive freedom.
“It’s inconsistent with the Nigerian Structure of 1999 [as amended] and worldwide human rights obligations to make use of imprecise and overly broad justifications like ‘objectionable nature’ and ‘public decency’ to ban Eedris’ track.
“The NBC’s motion is unfair, unlawful, and unconstitutional, violating part 39 of the Nigerian Structure, article 9 of the African Constitution on Human and Peoples’ Rights, and article 19 of the Worldwide Covenant on Civil and Political Rights, of which Nigeria is a signatory.
“Media freedom and plurality are essential for successfully exercising freedom of expression. The media performs an important function as a ‘public watchdog’ in conveying info of serious public concern and shouldn’t be hindered or intimidated from fulfilling this function.
“Whereas the media could also be topic to sure restrictions for the safety of important state pursuits, similar to nationwide safety or public well being, it should retain its means to function freely,” SERAP said.
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