Reactions trail suspension of DAAR’s licence

Reactions have continued to trail the suspension of DAAR’s broadcasting licence the suspension of the broadcast license of DAAR Communications Plc by the National Broadcasting Commission (NBC) on Thursday night climaxed the running friction between the two organizations over issues of Broadcasting Codes and it attendant sanctions. DAAR are operators of African Independent Television (AIT), […]

Reactions have continued to trail the suspension of DAAR’s broadcasting licence

the suspension of the broadcast license of DAAR Communications Plc by the National Broadcasting Commission (NBC) on Thursday night climaxed the running friction between the two organizations over issues of Broadcasting Codes and it attendant sanctions.

DAAR are operators of African Independent Television (AIT), Raypower FM, Faaji FM and Daarsat.

Also, the matter has degenerated from a purely professional matter to litigation and perceived political alliances. Now, the matter has been entwined into more crises with a counter action by DAAR Communication that got a restraining order against the Federal Government from a Federal High Court, Abuja, on Friday.

Lawyer to the media conglomerate, Mike Ozekhome (SAN), in an ex parte application also asked the court to order status quo ante bellum pending the determination of the main suit. Presiding Judge, Justice Inyang Ekwo also ordered the NBC, the Federal Ministry of Information and Culture and Attorney General of the Federation to appear on June 13 to show cause why the motion on notice challenging the action of the regulatory agency should not be granted.

In fact, three media sector non-governmental organizations condemned the suspension of the broadcast licence describing NBC’s action as unwarranted, unjust, and a violation of the right to freedom of expression and media freedom.

In their joint statement in Lagos by Mr. Edetaen Ojo, Executive Director of Media Rights Agenda (MRA), Mr. Lanre Arogundade, Director of the International Press Centre (IPC) and Mr. Richard Akinnola, Director of the Media Law Centre (MLC), the organizations accused the NBC of constituting itself into the accuser of Daar Communications, the prosecutor and the judge, in violation of the rules of natural justice and the right to fair hearing.

They described the NBC’s action as an attempt to muzzle the media and unduly restrict freedom of expression, adding that it is unacceptable for the Commission to attempt to punish a media organization for providing feedback to the government from members of the public by airing opinions.

Reacting to the clampdown, the Peoples Democratic Party (PDP) in a statement by its National Publicity Secretary, Kola Ologbondiyan, said it is an attempt to gag the media.

The party urged Nigerians as well as the International community to unite in condemning the act to repress free speech in Nigeria.

Also, a constitutional lawyer, Dr. Kayode Ajulo, in a statement on Friday said the punishment meted to DAAR Communication was too harsh.

He said there were other punishments that could be employed by NBC to ensure that any erring media outfit conformed to prescribed laws and regulations.

The NBC said it suspended the licence of the media outfit for consistently failing to abide by Nigerian Broadcasting Code. Its Director-General, Malam Is’haq Modibbo Kawu, had on Thursday, said over the last two years, the NBC summoned the management of the company to address issues regarding the operations of AIT and Raypower particularly “Political Platform” and “Kakaaki.”

Kawu frowned at the situation of instead of making amends the management of Daar Communications resorted to the use of media propaganda against the regulator.  He said even the letters from the NBC were posted on social media platforms.

He explained that in one of its meetings with the company held on June 2, 2017 the commission expressed disappointment with the way and manner hate speech, divisive and inciting comments are applied in discussion of national issues in breach of the provisions of the NBC Act and Broadcast Code.

He explained that over the years, DAAR Communication has turned itself into a bad example of how a professional broadcast outfit should not be run.

“In their relationship with the NBC, Daar communications carry on as if it is beyond the regulatory direction of the commission. They don’t pay their licence fees as and when due and its broadcast is patently partisan and one sided and deliberately inciting and heating up the polity,” Kawu pointed out.

The DG also complained that DAAR’s management has created the habit of using the channel to fight its personal battles contrary to the statutory requirements of the law.

According to him, on June 6 AIT and Raypower embarked on use of inflammatory, divisive, inciting broadcasts, and media propaganda against the government and the NBC for performing its statutory functions of regulating the broadcast industry in Nigeria.

He said recently, “NBC monitoring reports on AIT and Raypower indicate the use of divisive comments accredited to the segment of ‘Kakaaki’ tagged, ‘Kakaaki Social’ where inciting comments like, ‘Nigeria is cursed, ‘we declare independent state of Niger Delta’, ‘Nigeria irritates me’, ‘this country is gradually Islamising’ and other similar slogans are used without editorial control in breach of the broadcast Code.”

Kawu said the decision to suspend the licence was for failure to abide by the commission’s directives, the provisions of the NBC Act Cap N11 Laws of the Federation of Nigeria and the Nigeria Broadcasting Code noting that it was based on the provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004, which states that where in the opinion of the commission the station has been used in a manner detrimental to national interest.

But, Chief Raymond Dokpesi, Founder, DAAR Communications Plc, addressing newsmen in Abuja on Thursday, described the queries by NBC on some of its programmes as government’s high handedness using all instruments of power. There were three letters of caution from NBC to the media out.

The first dated May 27 that referred to a letter of October 2018, warning the management of DAAR Communications to exercise caution in the use of social media comments. The second alleged that the media house featured a documentary “The Nigerian judiciary on trial: Lessons from Kenya” accusing the judiciary of delayed judgments and the Independent National Electoral Commission (INEC) of “hoarding” its server results due to rigging and described the documentary as “prejudicial.”

Regarding the third letter, the NBC referred to a “one-sided and unfair allegations of news commentary on Justice Bulkachuwa’s membership of the Presidential Petition Tribunal” and warned the station to exercise caution in the discussion of issues pending in court.

Speaking on the commentary on Justice Bulkachuwa’s membership of presidential petition tribunal, Dopkesi said the accusations “are preposterous and bizarre” stressing that NBC “does not appear to know the difference between news and commentary/opinion/editorial.”

On the documentary on Nigerian Judiciary, he said the Kenyan example was absolutely nothing out of the ordinary pointing out that the petition already laid before the tribunal at the time had become a public document.

On allegation of lack of “editorial responsibility” in the use of social media, Dokpesi said the assertion “is as absurd as it is self-contradictory” explaining that “Kakaaki Social” brings the thoughts and opinions of ordinary Nigerians as expressed on social media regarding a variety of topics.