The Nigerian Bar Association (NBA) strongly condemns the directive issued by Governor Mohammed Umaru Bago of Niger State ordering the immediate shutdown of Badeggi FM 90.1, a privately‑owned radio station in Minna. The action, implemented through instructions to the state Commissioner of Police and Commissioner of Homeland Security, reportedly includes profiling the station’s owner and marking the premises for demolition.
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 (NBC) 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.
The Nigerian Bar Association therefore affirms the following:
• Governor Bago’s directive is entirely unlawful, and without legal effect.
• The Commissioner of Police and other relevant authorities must refuse to execute illegal orders that infringe on constitutional rights.
• Media regulation must follow due process through established statutory channels, not arbitrary executive fiat.
• The actions taken against Badeggi FM are a direct affront to press freedom, and violate 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.
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
