Court refuses to dismiss order stopping NBC from imposing fines on broadcast stations

The federal high court in Abuja has dismissed the motion filed by the National Broadcasting Commission (NBC) seeking to set aside the verdict restraining the agency from imposing fines on broadcast stations.

James Omotosho, the presiding judge, on Thursday, dismissed the grounds presented by NBC.

BACKGROUND

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.

Among the sanctioned stations were Channels Television, TVC, AIT, and NTA.

Displeased with the fines, the Media Rights Agenda (MRA), a non-governmental organisation (NGO), sued NBC.

The organisation said the action of the commission 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.

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

On May 10, a federal high court in Abuja ruled that NBC does not have the power to impose penalties on broadcast stations.

In July, NBC asked the court to dismiss the order, arguing that the high court reached its decision in “ignorance of relevant facts”.

Babatunde Ogala, NBC counsel, had told the court that MRA has “two unappealed, subsisting and binding decisions of the federal high court on the same issues and parties”.

Ogala added that the media group brought a fresh suit before the court, instead of appealing previous rulings.

NBC accused MRA of trying to set the court on a collision course with other courts, adding that the commission was not served with the processes leading to the verdict.

However, the media rights group disagreed with the arguments of the commission.

THURSDAY PROCEEDINGS

In his judgment, Omotosho ruled that available evidence showed that the commission was served but failed to appear before the court.

The judge said NBC failed to present facts that the suit filed by the media group was an abuse of the court process.

“A party challenging the jurisdiction of the court must do that timeously,” the judge was quoted as saying by NAN.

“These are facts the respondent (NBC) ought to have brought before the court but did not avail itself of this opportunity.

“It is a futile attempt to get the court to set aside this judgment. The respondent should bear the consequences of its own indolence.

“In the final analysis, it is an afterthought and belated. The application to set aside the judgment is hereby refused.”