Afam Osigwe
The Nigerian Bar Association, NBA, has described as unconstitutional the order by Governor Mohammed Bago of Niger State shutting down Badeggi 90.1 FM, a privately-owned radio station, and demanded an immediate withdrawal of the order.
In a statement on Saturday, the NBA President, Afam Osigwe, senior advocate of Nigeria, (SAN), emphasised that only the National Broadcasting Commission, NBC, had the legal authority to regulate or shut down broadcasting operations in the country, adding that anything contrary will amount to press gagging.
While urging the governor to rescind the order, the Association insisted that the action, reportedly carried out through instructions to the State Commissioner of Police and the Commissioner for Homeland Security, allegedly involved profiling the station’s owner and marking the premises for demolition.
Part of the statement reads: “This constitutes executive rascality of the highest order. It is a blatant abuse of power that undermines constitutional democracy and the rule of law. The Governor lacks the constitutional or legal authority to revoke broadcast licences or shut down any media establishment. In Nigeria, only the National Broadcasting Commission has the statutory mandate to regulate broadcasting, including the suspension or revocation of licences, subject to due process.
“It is imperative to state that the Commissioner of Police or any security agency must not act on unlawful executive directives. Security agencies are bound by law to act within constitutional limits and not as instruments for political intimidation or media suppression.
“The Nigerian Constitution guarantees freedom of expression under Section 39, including the right to own, operate, and access media. No person, regardless of office, has the right to arbitrarily restrict or shut down a media house without due process of law. This unlawful closure, without regulatory sanction or judicial backing, is a dangerous assault on press freedom and democratic governance.”
Describing Governor Bago’s directive as entirely unlawful and of no legal effect, the NBA
said the Commissioner of Police and other relevant authorities must refuse to implement illegal orders that infringe on constitutional rights.
Osigwe reiterated that media regulation must follow due process through established statutory mechanisms, not arbitrary executive action.
The Association insisted that the governor’s action against Badeggi FM constituted a direct affront to press freedom and violated Nigeria’s democratic norms.
“We call on Governor Bago to immediately withdraw this directive and refrain from further unconstitutional acts. The NBA also urges all levels of government to uphold the rule of law, respect constitutional boundaries, and protect the freedom of the press. A free and independent media is not a privilege – it is a constitutional right and a cornerstone of any democratic society,” the NBA stated.