Court bars NBC from imposing fines on broadcast stations

A federal high court in Abuja has barred the National Broadcasting Commission (NBC) from imposing fines on broadcast stations.

In a ruling on Wednesday, James Omotosho, the presiding judge, said the NBC does not have judicial powers to impose penalties.

The judge also set aside fines imposed on 45 broadcast stations 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.

He said the sanctioned stations are from across the country; they include Channels Television, TVC, AIT, and NTA.

Displeased with the fines, the Media Rights Agenda (MRA) sued NBC, citing that 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.

‘NBC’S ACTION AGAINST SEPARATION OF POWER’

In his ruling, Omotosho said the commission acted as the complainant, court, and judge when it acted on the alleged infractions.

The judge added that the Nigeria broadcasting code, which empowers the commission, cannot confer judicial powers on NBC to impose criminal sanctions or penalties.

He said the commission is not the Nigeria Police Force (NPF) which has the power to conduct a criminal investigation, adding that NBC’s action is “against the doctrine of separation of powers”.

During and after the 2023 elections, the commission also imposed fines on some broadcast stations.

The latest round of sanctions elicited criticism from stakeholders.