September 7, 2022

Press Statement

The Peoples Democratic Party (PDP) is alarmed by the disturbing video of Governor Yahaya Bello of Kogi State inciting his supporters, threatening to burn and unleash maximum violence on Nigerians during the 2023 general elections.

In the video, Governor Bello was heard issuing terrorism threats in which he said, “I will personally light a fierce fire in my hand whoever want it we shall use it to burn them, whoever survive it will thank God… Whoever is against us we will make him or her join my mother and lie with her (my mother) in grave.”

By FBI definition, terrorism is the “unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.

This brazen threat by Governor Yahaya Bello raises apprehensions in the public space of the existence of a killer squad established to inflict violence on Nigerians ahead of the 2023 general elections just because they have rejected the corrupt, divisive and rudderless All Progressives Congress (APC), which failure is most manifest by Yahaya Bello’s abysmal performance in Kogi State.

From his outburst, Nigerians now know the individuals who engineered the gruesome killing of many of our citizens including the PDP Woman Leader in Kogi State, Mrs. Salome Abu, who was burnt alive in her house in 2019,

Also, Nigerians now have more insight into the disappearance of Hon. Adelabu Musa, the PDP Chairman in Okene Local Government Area for over three years now.

Furthermore, the PDP recalls how the Bello-led Kogi State Government was accused of breeding and arming thugs as well as fake security operatives to harass and attack Nigerians in Kogi State during the 2019 general elections.

This threat to violence and actual violence to Nigerians especially at this time have the capacity to cause a breach of public peace, truncate the 2023 electoral process and derail our democracy.

The PDP therefore calls on President Muhammadu Buhari to immediately call Governor Yahaya Bello to order and place him and his supporters on security watch list as threat to democracy ahead of the 2023 general elections.

Our Party also charges the Inspector General of Police to immediately commence a comprehensive investigation into the activities of Governor Yahaya Bello with a view to nipping this ugly trend in the bud as well as prosecuting him at the end of his tenure as Governor of Kogi State.

We urge Nigerians, especially those in Kogi State not to be deterred by Yahaya Bello whose days in office are numbered but remain vigilant and continue to rally with the PDP in the determination to liberate our nation from the stranglehold of the APC and the likes of Yahaya Bello, come 2023.

Signed:

Hon. Debo Ologunagba
National Publicity Secretary
…………………………………………………….

Court extends order stopping Buhari, NBC from shutting down 53 broadcast stations

The Federal High Court in Lagos has extended the order stopping President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcast stations in the country, and shutting down the stations for allegedly failing to renew their licenses.

Honourable Justice Akintayo Aluko (Court 8) had on 29 August 2022 granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).

The order was granted pending the hearing of the Motion on Notice for interlocutory injunction.

When the case came up before the Court for hearing today, Honourable Justice Daniel Emeka Osiagor extended the order of interim injunction pending the hearing of the Motion on Notice, and adjourned the case to 26th October 2022 for the hearing of the originating summons.

The Court extended the order of interim injunction following the hearing of an argument by SERAP and NGE counsel, Ebun-Olu Adegboruwa, SAN.

SERAP and NGE had in August filed a lawsuit against Buhari and NBC, asking the court for “a declaration that section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the stations is unconstitutional and unlawful, as it violates freedom of expression.”

In the suit, SERAP and NGE had asked the court for “an order of interim injunction restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting their down operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”

The suit followed the decision by the NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.

In the suit number FHC/L/CS/1582/2022, SERAP and NGE are asking the court to determine “whether section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten revoke the licenses of 53 broadcast stations and shut them down is not in inconsistent with freedom of expression and access to information.”

SERAP and NGE are also seeking “a declaration that section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.”

The suit, read in part: “The provisions of the Nigerian Constitution and human rights treaties on freedom of expression indicate that this right can be exercised through any medium.”

“Effectively, these provisions recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.”

“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 the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”

“The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.”

“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.”

“The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.”

“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.’”

“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.”

“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.”

“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.”

“The Plaintiffs recognize the mandates of NBC to regulate broadcasting. However, the exercise of such mandates including renewals or revocation of licenses must follow the thresholds and guidelines set by the right to freedom of expression.”

“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.”

“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, and just demands of a democratic society, as well as the public interest.”

“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.”

“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”

Kolawole Oluwadare
SERAP Deputy Director
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202

Iyobosa Uwugiaren
General Secretary
Nigerian Guild of Editors
+2348033143902

8/9/2022