The Socio-Financial Rights and Accountability Venture (SERAP) has filed a lawsuit towards the Nationwide Broadcasting Fee (NBC) over “the failure to reverse the arbitrary, unlawful and unconstitutional ban on Eedris Abdulkareem’s track ‘Inform Your Papa’.
The track, which allegedly criticised President Bola Tinubu’s financial insurance policies, was prohibited from radio and TV broadcast over its “objectionable nature.” The NBC cited the track’s violation of “public decency requirements” on radio and TV stations.
Within the swimsuit quantity FHC/L/CS/797/2025 filed final Thursday on the Federal Excessive Courtroom, Lagos, SERAP is looking for: “an order setting apart the arbitrary and unlawful ban on Eedris Abdulkareem’s track ‘Inform Your Papa’, for being inconsistent and incompatible with the rights to freedom of expression, entry to data, and media freedom.”
SERAP is looking for: “an order of perpetual injunction restraining the NBC whether or not collectively or severally or another authority, particular person or group of individuals from stopping the airing of Eedris Abdulkareem’s track on all broadcast stations and different comparable media platforms in Nigeria.”
SERAP can be looking for “a declaration that the NBC’s directive, issued by way of a letter dated 9 April 2025 to all broadcast stations in Nigeria, banning the airing of Eedris Abdulkareem’s track is illegal and inconsistent and incompatible with the rights to freedom of expression, entry to data, and media freedom.”
Within the swimsuit, SERAP is arguing that: “The NBC is censoring music underneath the guise of ‘defending public decency’. Public decency just isn’t a carte blanche for banning Eedris’ track and inserting a chokehold on data and suppressing peaceable dissent.”
SERAP is arguing that, “Freedom of expression constitutes one of many important foundations of a democratic society and extends not solely to data or concepts which might be favourably obtained, but additionally to people who offend, shock or disturb in such domains as political discourse and commentary on public affairs.”
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SERAP can be arguing that, “The ban on Eedris’ track has a chilling impact on freedom of expression, entry to data and media freedom. The NBC has not proven that the track would impose a particular threat of hurt to a reputable State curiosity that outweighs the general public curiosity within the data offered by the track.”
In keeping with SERAP, “Part 3.1.8 of the Nigeria Broadcasting Code is overbroad and excessively intrusive, because it breaches the basic rights to freedom of expression, entry to data and media freedom.”
The swimsuit filed on behalf of SERAP by its attorneys, Kolawole Oluwadare, Ms Oluwakemi Agunbiade and Ms Valentina Adegoke, learn partially: “All individuals benefit from the rights to freedom of expression and creativity and to benefit from the arts.”
“The ban on Eedris’ track fails to satisfy the necessities of legality, necessity, and proportionality.”
“The requirement of necessity additionally implies an evaluation of the proportionality of the grounds, with the intention of guaranteeing that the excuse of ‘objectionable nature’ and ‘public decency’ should not used as a pretext to ban Eedris’ track and unduly intrude upon Nigerians’ human rights.”
“Expressions, whether or not creative or not, all the time stay protected underneath the fitting to freedom of expression. The NBC directive can be inconsistent and incompatible with the fitting to freedom of creative expression and creativity.”
“Artwork constitutes an vital car for every particular person, individually and in group with others, in addition to teams of individuals, to develop and specific their humanity. Artists could entertain folks, however in addition they contribute to social debates, generally bringing counter-discourses and potential counterweights to present energy centres.”
“The vitality of creative creativity is critical for the functioning of democratic societies. Banning or eradicating inventive expressions from public entry is a option to limit creative freedom.”
“It’s inconsistent and incompatible with the Nigerian Structure 1999 [as amended] and the nation’s worldwide human rights obligations to make use of obscure and overly broad grounds of ‘objectionable nature’ and ‘public decency’ as justifications to ban Eedris’ track.”
“The motion by the NBC is unfair, unlawful, and unconstitutional, as it’s opposite to the provisions of 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, to which Nigeria is a state get together.”
“Media freedom and media plurality are a central a part of the efficient train of freedom of expression. The media has a significant function to play as ‘public watchdog’ in imparting data of great public concern and shouldn’t be inhibited or intimidated from enjoying that function.”
“Whereas the media could also be topic to some restrictions needed for the safety of sure important pursuits of the state, comparable to nationwide safety or public well being, the media has a task and duty to convey data and concepts on political points, even divisive ones and the general public has a proper to obtain them.”
“Article 19(2) of Worldwide Covenant on Civil and Political Rights, states that the fitting to freedom of expression consists of the liberty to hunt, obtain and impart data and concepts of every kind ‘within the type of artwork’.”
“The results of artwork censorship or unjustified restrictions of the fitting to freedom of creative expression and creativity are devastating. They generate vital social and financial losses, deprive artists of their technique of expression and livelihood, create an unsafe setting for all these engaged within the arts and their audiences.”
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“Restrictions of the fitting to freedom of creative expression additionally sterilise debates on human, social and political points and hamper the functioning of democracy.”
“Article 19 (1) of the Worldwide Covenant on Civil and Political Rights establishes the fitting to freedom of opinion with out interference. Article 19(2) establishes Nigeria’s obligations to respect ‘the fitting to freedom of expression,’ which incorporates the liberty to hunt, obtain and impart data, no matter frontiers.”
“Underneath article 19(3), restrictions on the fitting to freedom of expression should be ‘offered by regulation’, and needed ‘for respect of the rights or reputations of others’ or ‘for the safety of nationwide safety or of public order (ordre public), or of public well being and morals’”
No date has been fastened for the listening to of the swimsuit.
Kolawole Oluwadare
SERAP Deputy Director
20/04/2025
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