The Nigerian Bar Association (NBA) has criticised the Kano state government’s newly introduced media regulations, declaring them unconstitutional and beyond the authority of any state.
The Kano government recently announced a set of media rules aimed at “regulating”;; content to “safeguard cultural and religious values.”;; These include a ban on live political programmes and a requirement for media guests to sign undertakings not to make abusive or defamatory remarks.
One part of the regulations reads:
“A complete ban on live political programmes across all media outlets. Presenters are prohibited from asking provocative questions or making gestures that could incite defamation or damage Kano State’s image.”;;
The state government said the measures followed a consultative meeting with media executives in Kano.
In a statement issued on Thursday, NBA president Afam Osigwe described the move as not only “ill-advised”;; but also “entirely unconstitutional.”;; He said the state’s unilateral action “amounts to a gross violation of section 39 of the 1999 constitution”;;.
According to Osigwe, only the National Broadcasting Commission (NBC) has the legal authority to regulate broadcast content in Nigeria, in line with national standards and constitutional provisions.
“The Nigerian Bar Association (NBA) unequivocally states that no state government has the legal competence to regulate or censor broadcast content in Nigeria,”;; the 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.”;;
The NBA further warned that efforts to suppress political discourse “under the guise of maintaining public order”;; risk setting a troubling precedent.
“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,”;; Osigwe said.
“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 called for the immediate withdrawal of the directive and urged the NBC to reassert its authority to prevent similar overreaches by other states.
“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.”;;
