Court bars National Broadcasting Commission from imposing fines on Nigeria’s broadcast stations

The Federal High Court sitting in Abuja, on Wednesday, gave an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.

Penpushing reports that in the judgement, Justice James Omotosho, also set aside the N500, 000 fines imposed, on 1 March 2019, on each of 45 broadcast stations, and the court equally  held that the  National Broadcasting Commission(NBC), not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

The judge in similar vein, held that the National Broadcasting Commission (NBC) Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.

Penpushing further reports that Omotosho declared that the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law, stressing that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the National Broadcasting Commission (NBC) to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

Penpushing also reports that Omotosho similarly agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers.  The action of the respondent qualifies as excessiveness as it had ascribed to itself the judicial and executive powers’, the judge pointed out in the judgement

Penpushing further reports that Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ, emphasizing that the action of the respondent was ascribing to itself the judicial and executive powers.

The National Broadcasting Commission (NBC) it is recalled had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code, while in reaction the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the commission as sole respondent in the suit.

Penpushing also reports that in the motion dated November 9, 2021, the group through its lawyer, Noah Ajare, sought a declaration that the sanctions procedure applied by the National Broadcasting Commission(NBC) in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.

The lawyer argued  that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

Penpushing reports that the body noted that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the National Broadcasting Commission (NBC), and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”

The Incorporated Trustees of Media Rights Agenda therefore, sought an order setting aside the N500, 000 fines purportedly imposed by the commission on each of the 45 broadcast stations on Friday, 1 March 2019.

Penpushing further reports that the group also sought an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

The judge while delivering the judgment, described the National Broadcasting Commission (NBC’s) act as being ultra vires, and held that the fines imposed by the commission as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.

Penpushing also reports that Justice Omotosho therefore made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.

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