THIS IS NIGERIA: Falz Drags NBC To Court Over Ban of His Music, Claims N100 Million Damages

Filed by Adepetun Caxton-Martins Agbor & Segun (ACAS-Law), Falz via an originating summons dated the 6^th day of November 2018, seeks an interpretation to the act of the commission with regards to Section 22, 36, 38 and 39 of the 1999 Constitution as amended, and the relevant provisions of the Nigerian Broadcasting Code (the Code). Falz is seeking before the Federal High Court Lagos , a determination of some questions, such as: whether the defendant’s determination of the vulgarity of the plaintiff’s song titled, “This is Nigeria” and the consequent order to the Nigerian media outfit firm, airing the same, is not in breach of his rights as guaranteed by the constitution, and also, whether the defendant’s letter dated 6^th August 2018, and its directive/order prohibiting the Nigerian media outfits from airing his song does not constitute an infringement of his rights. He, therefore, seeks among others: A declaration that the Defendant’s prohibition of the Plaintiff’s song titled, “This Is Nigeria” from being aired by the Nigerian media outfits on the pretext that same is laced with vulgar lyrics is in flagrant breach of the Plaintiff’s  right to the freedom of thought, conscience and expression as guaranteed under Sections 38 and 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to that extent, such prohibition is unconstitutional, null and void; An Order of this Honourable Court setting aside and/or vacating the decision of the Defendant as contained in the letter dated 6th August 2018 and lifting the ban or proscription of the use of the Plaintiff’s song titled, “This Is Nigeria” by any and all Nigerian media outfit/organizations; The sum of N100,000,000 (One Hundred Million Naira to the Plaintiff on the footing of aggravated and exemplary damages for the wrongful and unconstitutional acts of the Defendant. Falz who had hinted in an interview sometime in August that he would write to the NBC to seek a justification for the ban and if necessary, seek legal redress in the courts has matched his words with the requisite action by suing the regulatory body. He also seeks a perpetual injunction restraining the defendant from carrying out the said order. TheNigerialawyer (TNL), recalls that the NBA had three months ago sent a letter to JODAJ Global Communications Limited in Jos, sanctioning them for playing Falz’s song,“This Is Nigeria”and banning the song from being played on radio, along with other songs, on the ground that the lyrics are vulgar and in contravention of the NBC Code.]]>