The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have taken legal action against Governor Mohammed Umar Bago of Niger State and the National Broadcasting Commission (NBC) over what they described as the intimidation and threats to shut down Minna-based Badeggi FM.
In a suit filed on Friday at the Federal High Court, Lagos, with number FHC/L/CS/1587/2025, the groups are seeking to stop what they allege is an unlawful clampdown on the station and its owner, Shuaibu Badeggi.
Governor Bago recently directed security operatives to seal Badeggi FM, threatened to revoke its licence, demolish its premises, and profile its owner on allegations of promoting violence.
SERAP and NGE are asking the court to determine “whether, by section 22 of the Nigerian Constitution 1999 (as amended) and section 2(1)(t) of the NBC Act, the NBC has the duty to protect Badeggi FM from the ongoing intimidation from the governor.”
They want the court to declare that “by the combined provisions of section 22 of the Nigerian Constitution and section 2(1)(t) of the NBC Act, the NBC has the legal duty to protect Badeggi FM and other broadcasting outlets in Nigeria from any intimidation and undue interference,” and to issue “an order of perpetual injunction restraining Niger State governor and NBC from harassing, intimidating and/or threatening to shutdown Badeggi FM and revoke the licence of station.”
In their suit, the groups argue: “The failure and or neglect of the NBC to protect and defend the independence of Badeggi FM radio against arbitrary executive interference constitutes a breach of its statutory duty to ensure fair, independent, and lawful broadcasting practices in Nigeria.”
They further stated that “the ongoing intimidation, and threat by Governor Bago to strip Badeggi FM station of its operational licence, further threat to demolish the station’s premises and to profile the station’s owner is unlawful and a violation of the rights to freedom of expression, access to information, and media freedom.”
According to SERAP and NGE, “the allegations of inciting violence against Badeggi FM and its owner are vague, unfounded and unsubstantiated.”
The suit, filed by lawyers Kolawole Oluwadare, Oluwakemi Agunbiade, and Andrew Nwankwo, emphasises that:
“The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information, in its individual and collective aspects, in a democratic society.”
They warned that “intimidating, harassing and silencing critical or dissenting voices under the guise of vague and unsubstantiated national security concerns is a fundamental breach of your constitutional oath of office and Nigeria’s international human rights obligations.”
The statement further reads “Intimidating, harassing and silencing Badeggi FM and its owner would have a chilling effect on the protection of freedom of expression and media freedom across several states.
The ongoing intimidation and threat to arbitrarily revoke the station’s licence, unlawfully demolish its premises and profile its owner are all clearly antithetical to the requirements of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.
The ongoing intimidation and harassment of Badeggi FM and its owner is capable of discouraging participation of the press in debates over matters of legitimate public concern ahead of the 2027 general elections.
The ongoing intimidation and harassment of Badeggi FM, its owner and other staff members of the station constitute a serious restriction on the development of democracy in the country, since it impedes free debate over ideas and opinions.
Media outlets in Niger State should be free to enable debate on issues of public interest without fear of reprisals.”
They added that both the governor and NBC “have the duty to respect and uphold the constitutional and statutory obligations to ensure that journalists and media houses that regularly impart information on matters of public interest including Badeggi FM enjoy an environment to perform that function.”
They stressed the “significant public interest in the capacity of the press, including Badeggi FM, to obtain and impart the information that it needs to function properly and perform its vital public watchdog role.”
SERAP and NGE argue that “any restrictions on freedom of expression and media freedom must be provided by law, imposed to protect legitimate aims, and necessary to protect those aims,” adding that while national security can be a legitimate aim, “the UN Human Rights Council has stressed ‘the need to ensure that the invocation of national security is not used arbitrarily to restrict freedom of expression.’”
Governor Bago had reportedly stated that the “daily activities of the radio station have been unethical” and accused its owner of “incitement of the people against the government.”
The plaintiffs countered: “A journalist’s or a radio station’s right to freedom of expression is protected even if the opinion advanced is not positively received. The Nigerian Constitution and human rights treaties protect the press not merely so that specific journalists may conduct their work; they protect the press in order to guarantee the public’s right of access to information in the public interest.”
They concluded that:
“The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media to be able to comment on public issues without censorship or restraint and to inform public opinion.”
The groups are seeking four declarations and an order of perpetual injunction against further intimidation.
No date has been fixed for the hearing of the suit.
Chioma Kalu
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