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NBC code violates freedom of expression – ECOWAS court
The Court of the Economic Community of West African States sitting in Abuja had declared that the Nigerian Broadcasting Code used by the National Broadcasting Commission to impose sanctions and fines on broadcast stations violates freedom of expression.
The ECOWAS court made the declaration on October 23, in a judgment delivered in a suit filed by a non-governmental organisation, Expression Now Human Rights Initiative, against the Federal Republic of Nigeria.
The court held that the Nigerian government had failed in its responsibility to align its domestic legislation with its international obligations.
The applicant had challenged the use of the NBC Code by the Nigerian government to arbitrarily impose sanctions including fines against broadcast stations.
The court presided by Justice Dupe Atoki observed that in enacting laws “member states must give due consideration to its alignment with international guarantees and obligations like those under the African Charter on Human and People’s Rights.”
The applicant, represented by Solomon Okedara & Co, specifically challenged Articles 3 (1) (1), 3(1) 2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) that they contravene the principle of freedom of expression.
In its judgment, the court noted that Article 3(1) (1) of the Code is infinite in scope and therefore violates the provision of Article 9(1) and (2) of the African Charter on Human and People’s Rights. The court noted that the provisions of Article 3(1) (2) of the Code are too ambiguous and vague and can “lead to curtailment of the right to freedom of expression.”
The court also ordered that the Nigerian government aligns Articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under Article 1 of the ACHPR and to cease giving effect to the provisions until it has aligned the same as ordered.
In May 2023, the Nigerian Guild of Editors commended the Federal High Court Abuja, for making an order of perpetual injunctions restraining the National Broadcasting Commission from imposing fines on broadcast stations in the country.
The court, in a judgment in May by Justice James Omotosho, held that not being a court of law, NBC had no power to impose sanctions as punishment on broadcast stations.
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Nigerian Press Urges FG, NASS to Act Swiftly Against ‘Big Tech Threat’
Major Nigerian media and journalism organizations have issued a strong call to the Federal Government (FG) and the National Assembly (NASS) to take immediate legislative and regulatory action against what they describe as an existential threat posed by Big Tech companies to the country’s information sovereignty and media industry.
In a joint statement released recently, leading press bodies—including key associations representing publishers, editors, and journalists—warned that unchecked dominance by global technology giants such as Google, Meta, and others is eroding Nigeria’s control over its digital information ecosystem.
They highlighted how these platforms dominate digital advertising revenue, divert traffic from traditional news sources, and increasingly use Nigerian-generated content to train artificial intelligence models without fair compensation or permission.
The groups emphasized that the situation risks surrendering Nigeria’s information sovereignty to foreign entities, potentially undermining national security, cultural values, and the economic viability of local media houses.
They pointed to declining revenues for publishers, with some facing up to 90% drops in traffic due to AI-generated summaries and algorithmic changes on search and social platforms.
The press bodies urged lawmakers to enact robust regulations, including frameworks for content remuneration, data usage restrictions, algorithmic transparency, and mechanisms to ensure fair competition in the digital space.
They called for urgent collaboration between the executive and legislature to address these challenges before irreversible damage occurs to Nigeria’s media landscape and democratic discourse.
This appeal comes amid broader global debates on Big Tech accountability and follows Nigeria’s ongoing efforts to strengthen its digital economy governance, including recent pushes toward comprehensive AI and data regulations.
Stakeholders view the statement as a pivotal moment for protecting indigenous media in an era of rapid technological disruption.
The Federal Government and National Assembly have yet to issue an official response, but the call aligns with growing concerns over digital monopolies and their impact on developing economies.
Media experts anticipate intensified discussions in the coming weeks as Nigeria navigates its position in the global tech landscape.
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US sends troops to Nigeria
The top commander made the confirmation during a press briefing, yesterday, but did not provide further details about the size and scope of their mission.
The general in charge of the U.S. command for Africa (AFRICOM), General Dagvin Anderson, confirmed that United States has sent troops to Nigeria.
The top commander made the confirmation during a press briefing, yesterday, but did not provide further details about the size and scope of their mission.
He emphasised that the decision to send troops to Nigeria was after both countries agreed that more needed to be done to combat the terrorist threat in West Africa.
“That has led to increased collaboration between our nations to include a small US team that brings some unique capabilities from the United States,” General Anderson said.
According to Reuters, Nigeria’s Defense Minister, Christopher Musa, confirmed that a team was working in Nigeria but did not provide further details.
The development is the first acknowledgment of U.S. forces on the ground since US airstrikes targeting terrorists in Nigeria’s North-West on Christmas Day, 2025.
President Donald Trump, who announced that he ordered the airstrikes on what he described as Islamic State targets, had said there could be more U.S. military action in Nigeria.
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