The Court of Appeal in Abuja has dismissed the appeal filed by the National Broadcasting Commission (NBC) against the judgement barring it from imposing fines on broadcast stations.
Oyejoju Oyewumi, who led the three-member panel, on Thursday ruled that the NBC’s appeal lacked merit. Other justices on the panel are Abba Bello Mohammed and Donatus Uwaezuoke Okorowo.
In a unanimous verdict, Oyewumi held that the NBC cannot challenge the judgement 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 houses were fined N500,000 each for flouting the provisions of the Nigerian broadcasting code.
Displeased with the fines, the Media Rights Agenda (MRA) sued NBC, citing that NBC’s action 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 NBC did not have judicial powers to impose penalties on broadcast stations.
James Omotosho, the presiding judge, set aside fines imposed by NBC on 45 broadcast stations.
Omotosho said the commission acted as the complainant, court, and judge in handling the alleged infractions.
A statement released by Idowu Adewale, MRA’s communications officer, said the Court of Appeal’s ruling was the first of the two appeals filed by the NBC on issues pertaining to the imposition of fines.
Adewale said the second appeal was lodged by the NBC against the judgement of Rita Ofili-Ajumogobia, a judge of the federal high court in Abuja, delivered on January 17, 2024.
The MRA spokesperson said the Court of Appeal had reserved judgement in the case.
The organisation instituted the case following NBC’s imposition of fines of N5 million each on a television station and three pay TV platforms in 2022.
The broadcast stations were accused of allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria. (The Cable)