NBC Appeals Judgement Stopping Imposition Of Fines On Broadcast Stations

After the court judgment against the commission, the National Broadcasting Commission (NBC) has appealed the November 23, 2023, ruling of the Federal High Court Abuja, restraining it from imposing fines on radio and television stations.

It would be recalled that Justice James Omotosho had dismissed a motion by the Commission asking to set aside his judgment delivered on May 10, 2023.

However, in a four- ground notice notice of Appeal filed by Senior Advocate of Nigeria, Babajide Koku, the NBC is asking the Appellate Court to set aside the ruling and the judgment delivered on May 10, 2023, saying it was against the entire decision of Justice Omotosho.

___,,The May 10 judgment arose from a suit instituted by an Abuja-based lawyer, Noah Ajare, on behalf of Media Rights Agenda, MRA, challenging the powers of the NBC to fine broadcasters, following a March 1, 2019 announcement by the NBC that it had imposed a fine of N500,000 each, on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code.

_____In the May 10 judgment, the Federal High Court had ruled that fines are sanctions imposed on a person who has been found guilty of a criminal offence, and that under the law in Nigeria, only courts of law are empowered to impose sanctions for criminal offences.

____,,,In setting aside the fines of N500,000 each, imposed on the stations, Justice Omotosho held that the NBC was neither a Court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations notwithstanding what the NBC Code says, adding that the Commission’s action violated the Constitution.