NBC Act Controversy: Federal Government and NBA Slam Niger Governor

A political storm is brewing in Nigeria as the recent closure of a private radio station in Niger State has drawn sharp criticism from the Federal Government and the Nigerian Bar Association (NBA). At the heart of the issue is Badeggi FM 90.1, a privately owned station in Minna, which was abruptly shut down on the orders of Governor Mohammed Umaru Bago. The move has ignited legal and constitutional concerns across the country.

The governor’s directive, announced on August 1, 2025, during a high-level APC caucus meeting in Minna, has raised serious questions about the limits of executive power at the state level. The meeting was attended by several prominent political figures, including the Minister of Information and National Orientation, Idris Mohammed.

Governor Bago justified the shutdown by accusing the station of engaging in “unethical broadcasting” and inciting sentiments against his administration. His order reportedly included instructions to the state’s Commissioner of Police and Commissioner of Homeland Security to take immediate action. According to multiple sources, the directive didn’t stop at just shutting down the station; it also involved profiling the station’s owner and allegedly marking the premises for possible demolition.

Unsurprisingly, the response from legal and media circles has been swift and fierce.

Leading the backlash is the President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN. In a strongly worded statement released on Saturday, Osigwe called the governor’s action “an alarming abuse of power and a complete disregard for constitutional governance.” He condemned the decision as executive overreach and warned that the move could set a dangerous precedent for media freedom in Nigeria.

Osigwe emphasized that only the National Broadcasting Commission (NBC) has the legal authority to regulate the operations of broadcast stations, including issuing or revoking licenses. He pointed out that the governor, regardless of his position, has no constitutional right to unilaterally shut down any media outlet.

“The Constitution of the Federal Republic of Nigeria guarantees freedom of expression under Section 39, including the right to operate and access media,” Osigwe stated. “No one, not even a governor, has the legal backing to arbitrarily shut down a media organization without following due process.”

The NBA President also directed a stern warning to the police and security agencies involved. He reminded them that their allegiance is to the constitution, not to unlawful directives. “Security agencies are mandated to act within the boundaries of the law. They should not be used as tools for political vendettas or to silence the press,” he added.

The NBA is demanding an immediate withdrawal of the governor’s directive and is urging him to refrain from taking any further unconstitutional actions. Osigwe warned that if the matter isn’t resolved lawfully, it could escalate into a larger legal battle that challenges the boundaries of executive power at the state level.

The Federal Ministry of Information and National Orientation has also responded to the growing controversy, albeit with a more measured tone. The Ministry acknowledged the concerns raised by stakeholders and reiterated that matters relating to the regulation of broadcast licenses are strictly within the jurisdiction of the National Broadcasting Commission.

“The Ministry is aware of the issues surrounding the shutdown of Badeggi FM,” said a spokesperson for the ministry. “While the state government may have raised concerns about the station’s conduct, the appropriate action is to channel those complaints through the NBC, which is empowered by law to investigate and act where necessary.”

The Minister expressed appreciation for the decision of the Niger State Government to formally report the issue to the NBC, suggesting that a lawful process is now underway. He appealed for restraint from all parties and emphasized that the NBC has adequate mechanisms to resolve such disputes fairly and impartially.

The situation in Niger State is not just about a single radio station—it reflects a growing tension between political authority and constitutional rights in Nigeria. Critics argue that the governor’s action, if left unchecked, could encourage similar behavior by other state leaders, ultimately threatening media independence across the country.

Media watchdogs and civil society organizations are now calling for stronger protections for journalists and media owners. They point to past instances where state-level officials have used security forces to intimidate or silence media outlets that dared to criticize government policies or expose public sector inefficiencies.

Legal experts have weighed in as well, stressing the importance of respecting federal institutions like the NBC, which were established to maintain checks and balances within Nigeria’s complex federal system. When state executives bypass such institutions, they not only risk violating the law but also erode public confidence in democratic processes.

As pressure mounts, many are watching to see whether Governor Bago will rescind his order or dig in deeper. The NBA has hinted that legal action could follow if the situation is not addressed in line with constitutional procedures.

In the meantime, journalists, media organizations, and civil liberties groups are rallying around Badeggi FM, seeing it as a symbol of the broader fight for press freedom in Nigeria.

The coming days will likely reveal whether this incident marks a turning point in Nigeria’s media governance—or whether it becomes yet another example of unchecked political power clashing with the rule of law.