Folarin Falana popularly known by his stage name Falz, has taken up a legal action against the Nigerian Broadcasting corporation, NBC, a lawsuit of N100M for putting down his song ‘This is Nigeria’ to condemnation in August 2018.
The Lawyer turned actor who earlier threatened to sue the regulatory body if by any chance fails to lift the ban of his song.
“I am going to have to write to them through my lawyers to find out what is really going on. When I find out the reason behind the ban, I could ask them to lift it if need be and if they do not adhere to my request, I might have to seek legal redress,” the rapper and actor told Punch.
Falz went ahead to say that the song, which seems to be the butt of controversy since its release, is socially conscious music that talks about the current situation of Nigerians in Nigeria.
“If they ban this song, then I do not understand them because that song is definitely not a vulgar song,” he said.
Continuing, Falz said “There is absolutely nothing vulgar about the song and I think it is ridiculous that the Nigerian Broadcast Commission singled out the least vulgar line in the song and ascribed it to be the reason they banned the song. It is a very simple and clean song.”
According to a report made available by Concaholic, in a court documents filed through the Singer’s Lawyers, Adepetun Caxton-Martins Agbor and Definitely (ACAS-Laws), on the 6th day of November 2018, the President of the sweet Boys Association queried NBC’s claims that the song is laced with vulgar lyrics.
Falz, through his lawyer said, the move ‘is in flagrant breach of the Plaintiff’s right to the freedom of thought, conscience and expression as guaranteed under the Nigerian laws.’
In August 2018, the NBC had 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.
In the letter sent to JODAJ Global Communications Limited, NBC stated that the reason for banning ‘This Is Nigeria’ is that the lyrics are vulgar and in contravention of the NBC Code.
The Originating Summons reveals that Falz is seeking, among other things, for:
1. 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.
2. An Order of this Honorable 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.
3. 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.