Again, the hammer of sanctions came down heavily on Channels Television, a widely applauded station in Nigeria, when the National Broadcasting Commission (NBC) fined the TV station N5 million for allegedly violating its code of practice. The NBC has the right and duty to regulate broadcasting in Nigeria to ensure adherence to professionalism and ethical practice, but the process must be seen to be fair, transparent, and consistent with the rule of law. The principles of fair hearing must also be adhered to. From all indications, the recent sanction did not conform with fair hearing and ought to be reversed.

Here are the facts of the case: the vice-presidential candidate of the Labour Party (LP), Datti Baba-Ahmed, had appeared as a guest on the TV station’s flagship political programme, Politics Today hosted by Seun Okinbaloye. The interview came few weeks after the presidential election of February 25 in which Bola Ahmed Tinubu of the rival All Progressives Congress (APC) was announced winner by the electoral body. Two main rival parties that participated in the election, LP and the People’s Democratic Party (PDP) had rejected the outcome, and are in court to challenge the victory of the President-elect. They cited widespread irregularities and failure to adhere fully to the electronic transmission of results promised by INEC.

It was against this background that Baba-Ahmed appeared on the TV programme. Those who watched the programme noted the anger with which Baba-Ahmed spoke and attempts by Okinbaloye to stir him off controversial statements bordering on the breach of the law. He had alleged that there was no President-elect, and hence, the Chief Justice of Nigeria should not swear in Bola Ahmed Tinubu. The presenter obviously failed on that count but it was not for lack of trying. Those who have defended Okinbaloye and Channels Television note the unpredictable nature of live television programmes. Others, however, note that the programme could have been stopped outrightly when they noticed the acerbic nature of Baba-Ahmed’s speech.

But the drama got more intense with the intervention of Bayo Onanuga, the media director of APC’s Campaign Council. Onanuga said Baba-Ahmed’s comments were not only divisive and subversive but also inciting and inflammatory. He also alleged that Channels TV breached the NBC rules and therefore should be sanctioned. Critics berated Onanuga for reporting the issue to the NBC; but as a complainant in a matter that affected his political portfolio, being a member of Tinubu’s campaign team, Onanuga probably had right to express his grievance. It, however, behoves the NBC to whom the complaint was presented to thoroughly dissect the issues and obtain facts from all relevant parties before taking a decision. This thorough investigation, including the sacred issue of fair hearing for Channels TV, appears to be missing. This naturally sends a wrong message to the public regarding government’s relationship with the media, now and in the immediate future.

Minister of Information, Lai Mohammed, also weighed in describing Baba- Ahmed’s statement as “treasonable utterances.” He also berated the LP presidential candidate, Peter Obi for failing to call him to order. Certainly there is need to reopen the entire issue with a view to serving the cause of justice better

But the greatest concern is the process of imposing the fine. By law, NBC has the right and responsibility to regulate the broadcast industry in Nigeria. In recent times, the hammer has come down on many stations for various infractions. It is given that all broadcast stations subscribe to the rules and regulations of their activities. For this reason, all media organisations should be careful because freedom comes with responsibility. What is of major concern, however, is that NBC did not give Channels TV station a fair hearing to respond to any query indicating its offence (s) clearly indicated. Watchers of the programme confirm that the interviewer tried hard to stop the interviewee from making inflammatory comments, which the Minister of Information later described as treason. It is against the rule of natural justice as well as the constitution for the NBC to constitute itself as accuser, prosecutor and judge. Hence, this action can be seen as arbitrary and high handed when weighed against the public perception of Channels TV as a moderate station not given to sensationalism.

We must concede that regulating the media worldwide is not an easy task. There is a thin line between regulation and intimidation and that is why regulatory agencies must err on the side of caution. Fair hearing is a sine qua non in any democratic society. It must not only be adhered to but must be clearly seen to have been adhered to. The process of applying sanctions on media houses should be reevaluated and draconian tendencies expunged.