Thread by @Ifeabunike

I have taken out time to read the law which the NBC relied on in suspending @AIT_Online and I've realized that yet again, this government shot themselves in the foot.

#PressFreedom
#AITUnderSiege

A THREAD!!!

NBC relied on the Nigerian Broadcasting Code 3.1.2 and 3.1.3 to shut down AIT. Before we get to the legality or other wise of this action, let us see what the Code provided.

PS; take note of the side notes

I assume most of us have read the resport as to why @AIT_Online was suspended. If you have not done so, take out time to read it here.

https://twitter.com/AsoRock/status/1136751834675195904?s=19

NBC have failed to tell us how the materials published by AIT (which are in social media anyway) is likely to encourage the commission of a crime, incite or lead to public disorder as seen in Code 3.1.2. NBC have also failed to show how 3.1.3 was breached.

By the wordings of Code 3.1.2 and 3.1.3, only a competent Court of law could after listening to both parties determine whether Code 3.1.2 and 3.1.3 have been breached. Was this done in this case? No.

Let us assume that the NBC had inherent powers to clamp down violators of 3.1.2 and 3.1.3 without recourse to a Court. Let us see the provisions for sanction provided in the NBC Code

(Recall that side note I asked you to take note of? It comes in handy here)

If you're a bit tired to go up and see the side notes, here again is code 3.1.2 and 3.1.3. See above the sanctions for Class A and Class B.

(This document was lifted from the official website of the NBC)

Do we agree that AIT's alleaged violation is in Class B? Now see the punishment for Class B once again.

The 1st sanction under 13.6.11 is a written warning.

Was this done? Yes. (if the communication posted by NBC and @AsoRock is correct)

#PressFreedom #AITUnderSiege

The 2nd limb under the same section is the imposition of a fine if the agency persists.

Was this done? Going by the official communication, there is no evidence of that so I answer NO!!!

Code 13.6.12 would only come into effect if the agency persists AFTER 13.6.11 have been invoked. Is there any evidence going by the official report that this part of the code was ever activated? I'd also give this a resounding NO!!!!

Code 13.6.13 can ONLY be invoked if the agency persists after 13.6.11 and 13.6.12. Did they follow the due process before getting to this? Again I answer NO!!! #AITUnderSiege #PressFreedom

Instead of abiding by their rules, NBC without recourse to their rules proceeded to suspend @AIT_Online. #PressFreedom

Let us assume that AIT's violations were punishable as a Class A offence. It is my further submission that NBC can only suspend them pursuant to a Court order. Only a Court can interpret and determine when 3.1.2 and 3.1.3 have been violated. It's dangerous to say otherwise

My reason is that any NBC Chief who feels his political leanings are not being praised enough or a government that is being criticized could rely arbitrarily on it to effect a suspension.

Finally on this, let us see what the Constitution had to say and juxtapose it with the provisions of 3.1.2 and 3.1.3. The relevant sections are 1(3), 36(1) & (2) and 39 of the Constitution

Section 39 of the Constitution provided for freedom of expression as could be seen below. The only restriction on 39 could be seen in (3)(a)&(b). Could AiT's alleged violation come under this? Again I'd answer NO!!!

Section 1(3) of the Constitution provided for the supremacy of Constitution. See below

Now with the provisions of Section 1(3) in mind, let us place section 39 of the constitution side by side with Codes 3.1.2 and 3.1.3 of the NBC Code . What do you deduce?

I will respectfully submit that the said codes are inconsistent with Section 39 of the constitution and are void by virtue of Section 1(3) of the CFRN.

Assuming again that there is another perspective and my law is rusty;

Section 36(1)(2) of the CFRN provided. (see below). Now that we understand what fair hearing entails, let us head back and read the official communication of NBC via @AsoRock. Have you seen what is wrong?

If you could still not point it out, let me help you. AIT allegedly released a broadcast 'today the 6th of June...' and NBC convened, held a hearing and suspended AIT without following their due process.

Fair hearing under Section 36 is compulsory, especially after Code 13.0 - 13.4 of the same NBC Code provided for the other party to be heard and procedure for same. If in doubt, see screenshots of the relevant provisions below.

The long grammar in the shots above is that time is given to a media agency to be heard before a sanction is imposed. Going by the wordings of the NBC Statement, was AIT given time to defend the broadcast of 6th June? Going by the timing in their own letter, I'd say NO!!!

This means that NBC suspended AIT in breach of not only the Constitutional provided rights of fair hearing, but also their own Code 13.0-13.4 that provided for fair hearing

Some legal jurists and judicial authorities have stated that the law is the interpretation a Court gives it. If you disagree, read the function of the Judiciary in Nigeria

If we leave what offends 3.1.2 and 3.1.3 of the NBC Code in the hands of NBC and not a competent Court of law, then we have effectively sacrificed #PressFreedom

Whoever that is in power and controls all FG agencies could easily determine for the NBC what offends him and what should be broadcast.

Finally finally, NBC suspended AIT in breach of not only their own laws but also the Constitution of this country.

This is not a fight for AIT alone. #AITUnderSiege is not a hash tag for AIT and the opposition alone. We could all recall what happened to Daily Trust.

They came for the jews, we kept quiet because we weren't jews, they came for the Christians, we kept quiet because we were not Christians. When they came for me, there was no one left to speak for me

I just got information that a Suit was already filed by AIT on 31/5/2019 agajnr NBC which makes this suspension not only illegal, but a contempt of Court. NBC failed to disclose this important fact in that their Press Release.