The Court of Appeal sitting in Abuja has dismissed an appeal filed by the National Broadcasting Commission (NBC), seeking to overturn a Federal High Court judgement that restrained it from imposing fines on radio and television stations across the country.
Delivering the lead judgement, Justice Oyebiola Oyewumi, on behalf of a three-member panel, upheld the earlier ruling and set aside the fines imposed by the NBC on 45 broadcast stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.
The panel was presided over by Justice Abba Mohammed, with Justice Donatus Okorowo as the third member.
According to a statement issued by the Communications Officer of Media Rights Agenda (MRA), Idowu Adewale, the unanimous decision of the Court of Appeal stemmed from a suit filed by the non-governmental organisation in November 2021, challenging the NBC’s powers to impose fines on broadcasters.
The Federal High Court, in its judgement delivered on May 10, 2023, by Justice James Omotosho, ruled in favour of MRA after the NBC failed to defend the suit.
The court held that fines are sanctions imposed on persons found guilty of criminal offences and, under Nigerian law, only courts of law have the authority to impose such penalties.
Setting aside the fines of ₦500,000 each imposed on the affected stations, Justice Omotosho stated that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations, notwithstanding what the NBC Code says.”
