The Federal High Court in Lagos has dismissed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Broadcasting Commission (NBC), the President of Nigeria, and the Minister of Information and Culture.
The suit challenged sanctions imposed on several media houses following the 2023 general elections.
In a ruling delivered by Justice Alexander Owoeye, the court held that SERAP lacked locus standi, the legal standing to bring the case. This rendered the suit incompetent and deprived the court of jurisdiction.
SERAP had contested NBC’s “last warning” to broadcast stations, which threatened license revocation and sanctions for airing content described as subversive, hateful, or inciting during the tense post-election period.
The organization sought declarations that NBC’s actions violated constitutional and international rights to freedom of expression and access to information.
NBC’s counsel, Olanrewaju Osinaike, filed a preliminary objection citing multiple grounds for dismissal. Chief among them was the argument that SERAP was not authorized to sue on behalf of the media houses affected, none of which were parties to the suit.
NBC also referenced a previous related case decided in its favor in Abuja and argued that the current suit should be dismissed on the principle of res judicata.
Justice Owoeye ruled that while the parties and subject matter differed from the earlier case, which made res judicata inapplicable, SERAP still lacked the legal standing required to maintain the suit.
The judge emphasized that without locus standi, the court could not entertain the matter. The case was therefore struck out.
SERAP had anchored its claims on constitutional provisions and international treaties such as Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights. It argued that NBC’s use of vague terms risked arbitrary censorship and violated press freedom.
NBC defended its actions as being within its statutory powers under the National Broadcasting Commission Act to regulate broadcasting and preserve public order. It also noted that SERAP failed to demonstrate personal harm or obtain consent from the affected media organizations before initiating the lawsuit.
Justice Owoeye agreed with NBC’s position and struck out the case, ordering that each party should bear its own costs.