In a case that has sparked widespread concern about press freedom and the rule of law in Nigeria, the legal dispute between Badeggi FM, a privately owned radio station in Minna, and the Niger State Government has hit a significant roadblock. Efforts to resolve the matter out of court have collapsed, leaving the case in limbo as the presiding judge, Justice Mohammed Mohammed, recused himself, citing his status as a vacation judge. This development has raised questions about the Niger State Government’s commitment to resolving the conflict amicably and has intensified debates about the state’s approach to media regulation and freedom of expression. With no date set for the next hearing, the case underscores deeper issues of governance, media rights, and the balance of power in Nigeria’s democratic system.
Background of the Dispute
The conflict between Badeggi FM and the Niger State Government began on August 1, 2025, when Governor Mohammed Umaru Bago ordered the immediate closure of the radio station. The governor, speaking at an expanded caucus meeting of the All Progressives Congress (APC) in Minna, accused Badeggi FM of engaging in “unprofessional conduct” and inciting the public against the state government. In addition to the shutdown order, Governor Bago directed the Niger State Commissioner of Police, Adamu Elleman, and the Commissioner for Homeland Security, Mohammed Bello, to profile the station’s owner, Shuaibu Badeggi. The government also threatened to revoke the station’s broadcasting license and demolish its premises, escalating tensions between the state and the media outlet.
The closure order drew immediate backlash from media organizations, civil society groups, and international watchdogs, including Amnesty International, the Nigerian Guild of Editors (NGE), and the Nigeria Union of Journalists (NUJ). Critics described the governor’s actions as an overreach of executive power and a direct assault on press freedom, guaranteed under Section 39 of the 1999 Nigerian Constitution. In response, Badeggi FM, represented by its counsel, Barrister Philip Emmanuel, filed a lawsuit (case number NSHC/M/0296/2025) on August 5, 2025, at the Minna High Court, seeking to enforce its fundamental right to operate freely and challenging the legality of the shutdown order.
On the same day, Justice Mohammed Mohammed, sitting as a vacation judge at Minna High Court Number Four, granted an interim injunction in favor of Badeggi FM, its parent company Badeggi Broadcasting Service Ltd., and its Managing Director, Mohammed Shuaibu Badeggi. The injunction restrained the Niger State Government, the Attorney General, and the State Urban Development Board from taking further actions that could harm the station’s operations or broadcasting license. The court’s ruling was seen as a temporary victory for the radio station, but it also set the stage for a protracted legal battle that has since taken unexpected turns.
The Push for an Out-of-Court Settlement
On August 11, 2025, during a resumed hearing at the Minna High Court, the Niger State Government, represented by Jacob Johnson Usman (SAN), announced its intention to pursue an out-of-court settlement. Usman informed the court that he had consulted with key officials, including Governor Bago and the Attorney General of Niger State, who agreed that resolving the matter amicably was in the best interest of peace and the welfare of Niger State citizens. Barrister Philip Emmanuel, counsel for Badeggi FM, did not oppose the request, and both parties agreed to reconvene on September 3, 2025, to report on the progress of the settlement talks.
The decision to pursue an out-of-court resolution was initially seen as a positive step toward de-escalating the conflict. Media observers and civil society groups cautiously welcomed the move, hoping it would lead to the restoration of Badeggi FM’s operations and set a precedent for constructive dialogue between state authorities and media outlets. However, questions lingered about the government’s sincerity, given the aggressive nature of its initial actions against the station. The profiling of the station’s owner and threats to demolish its premises had already created a climate of fear, raising doubts about whether the government was genuinely committed to a fair resolution or merely seeking to avoid further legal scrutiny.
Collapse of Settlement Talks
On September 3, 2025, when the case resumed, Badeggi FM’s counsel, Philip Emmanuel, delivered a bombshell: the out-of-court settlement talks had collapsed. “My Lord, it is unfortunate that the out-of-court settlement as requested in the last sitting has failed,” Emmanuel told the court, signaling a breakdown in negotiations between the radio station and the state government. Another lawyer for the plaintiff, Philip A.O., confirmed the failure but noted that they were still exploring other options for a potential out-of-court resolution. However, the immediate outcome was clear—the attempt to resolve the dispute without further litigation had fallen apart.
The reasons for the collapse remain unclear, as neither party has publicly disclosed the specific points of contention. Aisha Shuaibu, the General Manager of Badeggi FM, told PUNCH Online that the station had not made specific demands during the negotiations, preferring to wait for the government’s offer. “We didn’t request anything yet. We were waiting to hear what they will offer first,” she said. This statement suggests that the government may have been reluctant to propose terms that adequately addressed the station’s grievances, such as the restoration of its operations and assurances against future interference.
The failure of the settlement talks prompted Justice Mohammed Mohammed to recuse himself from the case. As a vacation judge, he noted that his tenure was nearing its end and directed that the case file be returned to the Chief Judge of Niger State for reassignment. The judge adjourned the matter indefinitely, pending the Chief Judge’s decision on the next course of action. This development has left the case in a state of uncertainty, with no clear timeline for when it will be heard again or by whom.
Broader Implications for Press Freedom
The Badeggi FM case is not an isolated incident but part of a broader pattern of tensions between state governments and media outlets in Nigeria. The Centre for Journalism Innovation and Development (CJID) has pointed to a “disturbing pattern of intimidation against journalists” in Niger State under Governor Bago’s administration. The CJID’s Subnational Openness Index ranks Niger State as the 11th most hostile environment for journalists in Nigeria, citing incidents such as the November 2023 assault on Mustapha Batsari of Voice of America and the repeated detention of a People’s Daily correspondent in January and April 2025.
The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have also taken legal action against Governor Bago and the National Broadcasting Commission (NBC) in a separate lawsuit (FHC/L/CS/1587/2025) filed at the Federal High Court in Lagos. The plaintiffs argue that the NBC has a statutory duty under Section 2(1)(t) of the NBC Act and Section 22 of the 1999 Constitution to protect Badeggi FM from intimidation and undue interference. They are seeking a perpetual injunction to prevent the governor and the NBC from further harassing the station, revoking its license, or profiling its owner. The lawsuit contends that the governor’s actions violate the rights to freedom of expression, access to information, and media freedom, which are essential for democratic accountability.
The NUJ, Amnesty International, and other media advocacy groups have condemned the closure of Badeggi FM as an attack on press freedom. The NUJ’s National President, Alhassan Abdullahi, described the governor’s actions as “a blatant act of intimidation” and a “dangerous overreach of executive power.” Amnesty International echoed this sentiment, calling the shutdown order “lawless and repressive” and arguing that it reflects a failure of leadership in addressing more pressing issues like insecurity in Niger State. The organization noted that while bandits and insurgents continue to ravage rural communities, the government’s focus on silencing a radio station is misguided and unjustifiable.
Legal and Ethical Concerns
From a legal perspective, the Badeggi FM case raises critical questions about the proper channels for addressing grievances against media outlets. The National Broadcasting Commission (NBC) is the sole regulatory body empowered to license, regulate, and sanction broadcast stations in Nigeria. Critics argue that Governor Bago’s unilateral decision to shut down Badeggi FM and revoke its license bypasses due process and undermines the NBC’s authority. Abubakar Shuaib, the Director of Operations at Badeggi FM, emphasized this point, urging the governor to channel complaints through the NBC for investigation rather than resorting to extralegal measures. “The right thing to do is to write to the National Broadcasting Commission for investigation. NBC has a schedule of our programs, and we are being monitored every day,” Shuaib said.
Ethically, the case highlights the delicate balance between maintaining public order and protecting freedom of expression. While the government has a legitimate interest in preventing incitement, any restrictions on media freedom must be lawful, necessary, and proportionate. The vague and unsubstantiated allegations of “inciting violence” leveled against Badeggi FM have been criticized as a pretext for silencing critical voices. The profiling of the station’s owner further raises concerns about personal vendettas and the misuse of state power to intimidate private citizens.
The Role of Civil Society and Public Reaction
The public outcry over the Badeggi FM shutdown reflects growing unease about the erosion of democratic norms in Nigeria. Civil society organizations have rallied behind the radio station, framing the case as a litmus test for press freedom in the country. The involvement of groups like SERAP, NGE, NUJ, and Amnesty International has elevated the issue to a national and international stage, drawing attention to the broader implications for media independence.
Public sentiment, as reflected in media reports and online discussions, has been largely sympathetic to Badeggi FM. Many Nigerians view the station as a vital source of independent news and a platform for holding leaders accountable. The government’s heavy-handed response has fueled accusations of intolerance and authoritarianism, particularly in a state grappling with significant security and developmental challenges.
The Way Forward
As the Badeggi FM case awaits reassignment by the Chief Judge of Niger State, several key questions remain unanswered. Will the government renew its efforts to settle the dispute out of court, or will it double down on its confrontational approach? Can the judiciary provide a fair and impartial resolution, or will political pressures influence the outcome? Most importantly, what does this case mean for the future of press freedom in Nigeria?
For Badeggi FM, the stakes are high. The station’s ability to resume operations and operate without fear of reprisal depends on the outcome of this legal battle. For the Niger State Government, the case presents an opportunity to demonstrate a commitment to democratic principles and the rule of law. A resolution that respects the rights of the media while addressing legitimate concerns about public order could set a positive precedent for similar disputes in the future.
Conclusion
The collapse of out-of-court settlement talks between Badeggi FM and the Niger State Government marks a critical juncture in a case that has far-reaching implications for press freedom, governance, and the rule of law in Nigeria. The indefinite adjournment of the case and the recusal of Justice Mohammed Mohammed have left the matter in a state of uncertainty, with no clear timeline for resolution. As the case awaits reassignment, it continues to serve as a flashpoint for debates about the role of the media in a democratic society and the limits of executive power.
The Badeggi FM saga is a reminder of the fragility of press freedom in Nigeria and the need for robust legal protections to safeguard independent media. It also underscores the importance of due process and institutional accountability in resolving disputes between the state and its citizens. As Nigerians await the next chapter in this unfolding drama, the case remains a powerful symbol of the ongoing struggle for freedom of expression and the right to hold power to account.
