MRA Sues NBC Commission, Challenges its Power to Regulate Social Media Platforms

Media Rights Agenda (MRA) has filed a suit at the Federal High Court in Abuja challenging the legal authority of the broadcast regulatory body, the National Broadcasting Commission (NBC), to regulate and license social media platforms in Nigeria or to determine whether a broadcasting station is patriotic or not.

In the suit, in which MRA is being represented by a team of 14 lawyers, led by Abuja-based constitutional lawyer, Dr. Kayode Ajulo, the organization is asking the Court to declare that since the NBC has no regulatory authority over social media platforms, it lacks the power to impose broadcast licenses on social media platforms as they are not broadcasting stations under the National Broadcasting Commission Act or any other law or subsidiary legislation in existence in Nigeria.

Besides Dr. Ajulo, the other 13 lawyers representing MRA in the suit are Mr. Zak Babah, Prof. Bukola Akinola, Mr. Oludotun Sowemimo, Mr. Michael Emejulu, Mr. Martins Bamikole Aduloju, Mr. Wole Adaja, Mr. Akinola Oladimeji, Ms Ifunanya Jemilla Okeke, Ms. Eme Jackson, Mr. Hamza Dantani, Ms Roseline Akinsanmi, Ms. Aisha Bala Muhammed, and Mr. Tauyyib Kayode Shittu.

The organization wants the court to declare that the NBC’s move to regulate and license social media platforms constitutes a violation of its right to freedom of expression under Section 39 of the Constitution; Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9), Laws of the Federation of Nigeria, 2004; Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 19 of the Universal Declaration of Human Rights (UDHR) as well as a breach of Nigeria’s treaty obligations by virtue of its being a signatory to the international legal instruments.