Mixed reactions trail NBC’s revocation of licences of debtor broadcast stations

*The Media Rights Agenda states the NBC’s action is aimed at depriving millions of Nigerian consumers access to information, and their rights to freely express themselves through the affected stations

*Payment for licences could not be waived as long as it is a requirement of the broadcast stations by law −Legal Practitioner

Gbenga Kayode | ConsumerConnect

Cross-sections of Nigerians and top media industry stakeholders have continued to react to the National Broadcasting Commission’s recent blanket revocation of operating licences of 52 Radio, Television, and digital streaming service stations in Nigeria.

ConsumerConnect had reported the country’s broadcast industry regulator Friday, August 29, 2022, in Abuja, suspended the licences of AIT, Raypower, Silverbird Rhythm Radio and TV stations, Lagos State Broadcasting Corporation, and 47 others across the West African country.

Recall Malam Balarabe Ilelah, Director-General of NBC, disclosed this development at a press conference Friday directed the affected stations to stop operations within 24 hours.

Ilelah also said that offices of the NBC nationwide should collaborate with security agencies to ensure immediate compliance with the regulator’s order.

The Director-General explained that the Commission, May 2022, had published in national dailies the list of indebted licensees, and granted them two weeks to renew their licences, pay their debts, or consider the licences revoked and the frequencies withdrawn at the expiration of the ultimatum.

Federal Government’s debt forgiveness window

It is noted that the Federal Government, in 2020, approved 60 percent debt forgiveness for broadcast stations in order to alleviate the damaging effects of the Coronavirus (COVID-19) pandemic on the industry in Nigeria.

Alhaji Lai Mohammed, Honourable Minister for Information and Culture, reportedly stated that several Nigerian Radio and Television stations remained indebted to the government to the tune of N7.8billion.

The Minister was quoted to have said that the affected stations were faced with the reality that their licences would not be renewed in view of their indebtedness.

Mohammed, however, said the criterion for enjoying the debt forgiveness was for debtor stations to pay 40 percent of their existing debt within three months.

Stakeholders’ reactions to  broadcast licence revocations

In the reaction of the Nigeria Union of Journalists (NUJ) to revocation of the broadcast licences, the professional association described the decision of the NBC as “hasty”.

Chris Isiguzo, National President of NUJ, in a statement argued although the NBC Director-General claimed that the sanction had no political motives, the action was ill-timed and reckless.

Photo colllage: Premium Times

Isiguzo stated: “It should be noted that this wholesale revocation of licences at this critical time of insecurity in the country appears to be a decision taken without careful prior deliberation, consultation or counsel.

“While we regret the inability of these broadcast stations to fulfil their obligations to the NBC in view of dwindling resources, we caution against such large-scale clampdown on broadcast stations in disregard of security issues and the attendant consequences.”

The Union’s President also stressed “we cannot afford the unpleasant outcome of such a media blackout at this time.”

Similarly, the Nigerian Guild of Editors (NGE) has expressed concern over the order to seal off the affected broadcast stations.

Mustapha Isah, President,  and Iyobosa Uwugiaren, General Secretary of NGE, stated if the action, is not reversed, it would lead to  loss of thousands of jobs in a country where jobs are scarce.

The Guild’s statement said: “The NGE is worried because media houses, which played, and continue to play a key role in the nurturing and development of democracy can’t just be off air no matter the reasons.

“While the Guild is not against broadcast stations fulfilling their financial obligations to the NBC, we note that the current harsh operating environment that has crippled every sector in our nation was not taken into account by the NBC before its action.”

It further noted: “Currently, it is difficult for private stations to import broadcast equipment due to the high exchange rate. “We are all aware of the high operational cost, including the cost of diesel to power their generating sets.”

Also reacting to the development, Emmanuel Onwubiko, National Coordinator of Human Rights Writers Association of Nigeria (HURIWA), stated that the plot against media houses had been a long-time agenda of the regime of the President Muhammadu Buhari.

Likewise, the Media Rights Agenda (MRA) condemned the revocation and withdrawal of the broadcast licences of 52 broadcast stations in Nigeria.

In a statement Obioma Okonkwo, Head of Legal Department at MRA issued Friday, August 19, 2022, the rights organisation regarded the NBC’s action as “ill-advised, insensitive and antithetical to the interests of the Nigerian public.”

According to the MRA, by the revocation of the broadcast licences of so many stations for alleged non-payment of their licence fees, the NBC “is prioritising its desire to make money off the broadcasters over the interest of citizens.”

The organisation as well said that the ultimate effect of the action was to deprive millions of Nigerian consumers access to information as well as their rights and ability to freely express themselves through the affected stations.

“The fact that so many broadcasting stations have been unable to pay the licence fees raises serious questions about the fairness and appropriateness of the fees being imposed on broadcasters by the NBC in such a challenging economic environment,” stated MRA.

The need to exhaust engagement channels before sanctions

In the same vein, the International Press Centre (IPC), in Nigeria, condemned the NBC’s revocation of licences of the alleged debtor broadcast stations.

Melody Lawal, IPC Officer in a statement also noted the IPC urged the NBC to “exercise caution” and “exhaust engagement channels” before executing the order.

The organisation also cautioned the Nigerian broadcast regulatory agency to not usurp the powers of the President and National Assembly (NASS).

The NBC should desist from serving as a revenue generation agency, but  concentrate on its statutory role.

The statement also said: “The IPC holds that the sweeping revocation confirms its concern that the NBC exercises its powers arbitrarily without recourse to the public interest.

“It also confirms our worry that the NBC continuously constitutes itself as the accuser, the prosecutor and the judge in its own case.”

The IPC noted in the statement that “in this particular instance, the NBC has not only ordered the revocation of licences of many TV and Radio stations, it has gone further to usurp the authority of the President and Commander-In-Chief and the National Assembly by directing security agents to move in and effect its order.

“The IPC calls on the NBC to exercise caution and ensure that it exhausts engagement channels before wielding a stick that may not only lead to thousands of job losses, but also shrink the information dissemination space.”

A lawyer, Kunle Adegoke, however,a said the broadcasting industry was regulated by law, and was therefore, required to be protected by the government to allow for freedom of expression.

Adegoke stated that payment for licences could not be waived as long as it was a requirement of the broadcast stations by law, but added that where the clampdown on the stations was arbitrary, it was condemnable and unconstitutional.

Another lawyer, Afam Osigwe, said the NBC was wrong to revoke the licences of broadcast stations over non-payment of licence fees without prior notice.

The legal practitioner said that revoking multiple licences at the same time was not democratic.

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