MRA to NBC: Obey court order restraining you from fining broadcast stations

The Media Rights Agenda (MRA) has called on the National Broadcasting Commission (NBC) to obey the court order restraining the commission from further imposing fines on broadcast stations.

On May 10, a federal high court in Abuja ruled that NBC lacks the power to impose penalties.

James Omotosho, the presiding judge, said the commission’s action was “against the doctrine of separation of powers”.

Balarabe Ilelah, NBC’s director-general, on Friday, said the commission has applied for a certified copy of the judgment and will make an appropriate response after perusal.

Reacting to NBC’s response, Edeatan Ojo, MRA executive director, in a statement on Monday, called on the commission not to walk on the path of lawlessness.

Ojo asked the commission to respect the court order while appealing the case.

“We recognize and respect the right of the NBC to appeal against the judgment of the Court, if it is dissatisfied with the decision, so long as it does not flout the orders of the court when those orders have not been set aside by an appellate court,” the statement reads.

“Whatever the NBC’s view of the Court’s judgment may be, it cannot deny that there is a valid and subsisting order of a court of competent jurisdiction prohibiting it from imposing fines on radio and television stations. Should the Commission or its Director-General take it upon themselves to sit on appeal over the judgment of the Court and disobey the clear and unequivocal orders of the Court, we wish to reassure them that we would take immediate and vigorous action to maintain the integrity of the court and its orders.

“The NBC Director-General’s statement amounts to a feeble attempt to mislead the public. We do not dispute the power or authority of the NBC to regulate broadcasting in Nigeria and we have not challenged its right to do so.

“That was not the issue before the court. But this does not make the Commission a court of law and neither the National Broadcasting Commission Act, as amended, nor the Nigeria Broadcasting Code can be interpreted to confer judicial powers on the NBC to impose criminal sanctions on radio and television stations in flagrant violation of the Constitution, as Justice James Omotosho stated so eloquently in his judgment.

“We appreciate that the NBC cannot be happy that we have shut down this major source of revenue for the Commission, but we urge it to tread the path of constitutionalism and the rule of law and obey the orders of a court of competent jurisdiction, established by the Constitution, especially if it expects individuals and entities subject to its regulatory authority to comply with its own lawful directives.”

The Media Rights Agenda added that NBC will be “courting anarchy” by disregarding the court’s orders.