A Federal High Court in Abuja, presided over by Justice Nkeonye Evelyn Maha, has dismissed a suit filed by Media Rights Agenda (MRA) against the National Broadcasting Commission (NBC) over the Commission’s failure to grant the organization’s requests for information on the scope of independence reportedly granted to it by former President Muhammadu Buhari, saying it lacked merit.
The suit stemmed from a claim by NBC Director General, Malam Balarabe Shehu Ilelah, at a media briefing he held in Abuja on February 9, 2023, during which he announced that the President had approved the independence of the Commission from any political interference in the exercise of its regulatory functions, particularly with respect to the issuance and withdrawal of broadcasting licences.
Sequel to this announcement by the NBC Director General, MRA, on February 20, 2023, sent a request in line with the provisions of the Freedom of Information Act, 2011 to the Commission seeking further information and clarifications on the following crucial matters:
• Whether the authority of the Minister of Information, as stipulated in Section 6 of the NBC Act, to issue directives to the Commission regarding its functions, had been abolished, and if so, whether there were plans to amend Section 6 of the Act accordingly.
• Whether the NBC now holds the final authority for the issuance of broadcast licenses, as opposed to the existing practice outlined in Section 2(b) of the NBC Act, which mandates the Commission to recommend applications through the Minister of Information to the President for the grant of radio and television licenses. MRA inquired whether the NBC has been vested with the ultimate authority to issue these licenses and if there were any plans to amend Section 2(b) of the NBC Act in response to this change.
• Information about other aspects of the Commission’s independence affected by the President’s approval and details about any other provisions within the NBC Act being considered for amendment.
• MRA also requested a copy of the communication from the President conveying the approval of the NBC’s independence to the Commission.
The letter was delivered to the NBC on February 23, 2023. The NBC however failed to respond to, acknowledge or grant access to the information and clarifications that MRA requested.
In the legal proceedings initiated by Mr. Bula Kelle on behalf of MRA against the NBC and the Attorney-General of the Federation, MRA sought a court declaration regarding the NBC’s failure to furnish the requested information outlined in a letter dated February 20, 2023. MRA also demanded ₦1 million in exemplary and aggravated damages for the alleged unlawful denial of information.
Mr. Kelle emphasizes the legal status of MRA within the FOI Act, pointing out the provisions that afford individuals and entities the right to access information and pursue judicial review in case of denied requests. He made reference to Section 31, which extends this right to incorporated entities like MRA. Mr. Bula asserted that the court’s duty is to enforce the mandatory provisions of the law, necessitating a thorough examination of the case with reference to relevant sections of the FOI Act, particularly Section 20, which empowers applicants to seek court intervention in cases of denied access to information.
In her judgment delivered on May 8, 2024, Justice Maha dismissed MRA’s application for judicial review, concluding it lacked merit. She held that the letter sent to NBC was not properly acknowledged by any NBC staff member, and the exhibits did not include the name or designation of the officer who received the request. She said the mere presence of the NBC stamp was insufficient to establish proper delivery and receipt. Consequently, she dismissed the application asking each party to bear its own costs.
