NBA: Kano Government Has No Right to Regulate TV, Radio
The Nigerian Bar Association (NBA) has stated clearly that state governments, including Kano, have no legal authority to regulate the content of radio and television broadcasts.
This statement comes in response to recent regulations announced by the Kano state government aimed at controlling media content to “safeguard cultural and religious values.”
Among the new rules are requirements for guests on media platforms to sign undertakings against making abusive or defamatory remarks.
The regulations also include a complete ban on live political programmes and restrictions preventing presenters from asking provocative questions or making gestures that could harm the image of Kano State.
The Kano government said these measures were the result of discussions with media executives in the state. However, the NBA strongly disagrees with this move.
In a statement released on Thursday, NBA President Afam Osigwe described Kano’s new regulations as “ill-advised” and “entirely unconstitutional.”
He emphasized that this “unilateral” decision violates Section 39 of the 1999 Constitution, which guarantees every Nigerian the right to freedom of expression, including the freedom to receive and share information without interference.
Osigwe clarified that only the National Broadcasting Commission (NBC) has the legal mandate to regulate broadcast content in Nigeria.
According to him, the NBC operates under the NBC Act and sets standards that ensure broadcasting aligns with national laws and constitutional rights.
He warned that Kano’s attempt to suppress live political programmes “under the guise of maintaining public order sets a dangerous precedent,” undermining political discourse, media independence, and public access to information.
“The Nigerian Bar Association (NBA) unequivocally states that no state government has the legal competence to regulate or censor broadcast content in Nigeria,” the NBA’s statement reads.
“That responsibility lies squarely with the National Broadcasting Commission (NBC), established by the NBC Act, to ensure that broadcast content aligns with national standards and constitutional provisions.
“The NBC Code already provides a comprehensive framework for regulating broadcasting, including mechanisms for addressing inappropriate or harmful content. If any station is found in breach of these guidelines, the NBC, not state governments, is empowered to take corrective action.
“This unilateral action by the Kano State Government amounts to a gross violation of Section 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees every Nigerian the right to freedom of expression, including the freedom to receive and impart information and ideas without interference.
“Attempting to suppress live political programming under the guise of maintaining public order sets a dangerous precedent and threatens the vibrancy of political discourse, transparency, and accountability. It also undermines media independence and public access to information, especially in a democratic society where the free exchange of ideas is non-negotiable.
“The NBA calls for the immediate reversal of this directive and urges the National Broadcasting Commission to reassert its regulatory authority to prevent future encroachments by state governments.”
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