The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have initiated a lawsuit against the Niger State Governor, Umar Bago, and the National Broadcasting Commission (NBC), seeking to halt what they describe as “ongoing intimidation” of Badeggi FM radio station in Minna.
The suit, filed at the Federal High Court in Lagos, follows a series of alleged threats from Bago directed at the private radio station and its owner, Shuaibu Badeggi.
According to the plaintiffs, the governor has threatened to revoke the station’s license, demolish its premises, and “profile” its owner, allegedly in response to broadcasts he was unhappy with.
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In the lawsuit, numbered FHC/L/CS/1587/2025, SERAP and NGE are asking the court to make several key determinations and declarations.
They are seeking a ruling on whether the NBC has a legal duty, under the Nigerian Constitution and the NBC Act, to protect Badeggi FM and other broadcasting outlets from such threats and intimidation.
The organisations are also seeking a perpetual injunction to prevent Bago and the NBC from further harassing the station and its owner.
They argue that the NBC’s alleged “failure and/or neglect to protect and defend the independence of Badeggi FM radio against arbitrary executive interference” is a breach of its statutory duty.
They further contend that the governor’s actions are unlawful and a violation of constitutional rights to freedom of expression, access to information, and media freedom.
The suit dismisses allegations of inciting violence against the station as “vague, unfounded and unsubstantiated,” suggesting they are a pretext to silence the broadcaster.
The suit filed on behalf of SERAP and NGE by their lawyers Kolawole Oluwadare, Oluwakemi Agunbiade, and Andrew Nwankwo, read in part: “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.
“Intimidating, harassing and silencing critical or dissenting voices under the guise of vague and unsubstantiated national security concerns is a fundamental breach of the Nigerian Constitution and Nigeria’s international human rights obligations.
“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, harassment 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 and the country’s international human rights obligations.
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“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.
“Both Mr Bago and the NBC have the duty to respect and uphold their 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.
“There is 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.
“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. While the Nigerian Constitution and human rights treaties recognise national security and public order as legitimate aims for restricting freedom of expression, 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’.
“Mr Bago reportedly ordered the immediate shutdown of Badeggi, ordered the station’s premises to be marked for demolition and requested the Commissioner of Homeland Security to profile the station’s owner, Shuaibu Badeggi, on unfounded allegations that the station ‘promotes violence.’
“Mr Bago also reportedly stated that the ‘daily activities of the radio station have been unethical’, and accused the owner of the station of incitement of the people against the government.
“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 to guarantee the public’s right of access to information in the public interest.
“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 able to comment on public issues without censorship or restraint and to inform public opinion.”
SERAP and NGE asked the court to declare that, under Section 22 of the Nigerian Constitution and Section 2(1)(t) of the National Broadcasting Commission (NBC) Act, the NBC is legally obligated to protect Badeggi FM and other broadcasting outlets in Nigeria from undue interference by unauthorised persons or entities.
They further seek a declaration that the NBC’s failure or neglect to safeguard the independence of Badeggi FM against arbitrary executive interference amounts to a breach of its statutory duty to uphold fair, independent, and lawful broadcasting practices in Nigeria.
The organisations also request the court to declare that the ongoing intimidation and threats by Bago, specifically, to revoke Badeggi FM’s operating licence and demolish its premises—are unlawful and violate the rights to freedom of expression, access to information, and media freedom.
Additionally, they argue that the governor’s threat to revoke the station’s licence unlawfully encroaches upon the statutory powers of the NBC as set out in Section 2 of the NBC Act.
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SERAP and the NGE are also seeking a perpetual injunction restraining the governor, the NBC, and their agents or associates from harassing, intimidating, or threatening to revoke the operating licence of Badeggi FM or any other broadcasting outlet in Niger State.
At the time of filing this report, no date has been fixed for the hearing of the suit.
