The Nigerian Bar Association (NBA) asserts that according to them, no state government in Nigeria has the legal jurisdiction to control broadcast content on radio and television. They emphasize that this responsibility is exclusively vested in the National Broadcasting Commission (NBC). The statement from the NBA is a reaction to recent regulatory directives issued by the Kano State Government.

The Kano State Government has recently implemented a set of fresh regulations which it claims are aimed at preserving the cultural and religious values of the state. These regulations include a total prohibition on live political programs and a mandate for all media guests to sign an agreement promising not to make abusive or defamatory statements. Additionally, the regulations specify that presenters are not allowed to pose provocative questions or exhibit behaviors that could encourage defamation or harm the image of Kano State.

The state government asserts that these rules were established following a meeting with media executives in Kano. However, the NBA staunchly opposes this move, labeling it as unconstitutional and a direct infringement on freedom of expression.

Afam Osigwe, president of the NBA, in a statement, condemned the Kano government’s move, calling it “ill-advised” and “entirely unconstitutional.” He said, “The Nigerian Bar Association (NBA) unequivocally states that no state government has the legal competence to regulate or censor broadcast content in Nigeria.”

Osigwe stressed that the NBC, as established by the NBC Act, is the only legally empowered body to regulate broadcasting in Nigeria. “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,” he said.

He added that the NBC Code already provides a detailed framework for managing broadcasting, including mechanisms for sanctioning violations. “If any station is found in breach of these guidelines, the NBC, not state governments, is empowered to take corrective action,” he stated.

Criticising the ban on live political programmes, Osigwe warned that it undermines democratic principles and could erode public trust. “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,” he said.

Osigwe further argued that the move violates Section 39 of the 1999 Constitution, which guarantees freedom of expression. “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,” he said.

Calling for immediate action, the NBA urged the NBC to reaffirm its regulatory control to prevent further overreach by state authorities. “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,” the statement concluded.