Appeal Court Upholds Ruling Banning NBC From Fining Broadcast Stations

The Court of Appeal in Abuja has dismissed the appeal filed by the National Broadcasting Commission (NBC) against a judgment barring it from imposing fines on broadcast stations.

Oyejoju Oyewumi, who led the three-member panel, ruled on Thursday that the NBC’s appeal lacked merit. Other justices on the panel were Abba Bello Mohammed and Donatus Uwaezuoke Okorowo.

In a unanimous decision, Oyewumi held that the NBC could not challenge the judgment at the Court of Appeal, having failed to contest the suit at the Federal High Court.

On March 1, 2019, NBC sanctioned 45 broadcast stations over alleged ethical infractions during the general election.

Is’haq Kawu, then Director-General of the commission, said the affected media organisations were fined N500,000 each for breaching provisions of the Nigerian Broadcasting Code.

Dissatisfied with the fines, the Media Rights Agenda (MRA) filed a suit against the NBC, arguing that the sanctions violated the right to a fair hearing under Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

The MRA asked the court to declare the fines unconstitutional and null.

In May 2023, the Federal High Court in Abuja ruled that the NBC lacked judicial powers to impose penalties on broadcast stations.

James Omotosho, the presiding judge, set aside the fines imposed on the 45 stations, stating that the commission acted as the complainant, prosecutor, and judge in handling the alleged infractions.

In a statement by Idowu Adewale, MRA’s communications officer, the organisation said the Court of Appeal’s ruling was the first of two appeals filed by the NBC concerning its power to impose fines.

Adewale added that the second appeal was filed against a judgment delivered on January 17, 2024, by Rita Ofili-Ajumogobia of the Federal High Court in Abuja, and that the Court of Appeal has reserved judgment on that case.

The organisation initiated the case after the NBC imposed fines of N5 million each on a television station and three pay-TV platforms in 2022.