A/ Court rejects NBC’s request to overturn ruling barring it from imposing fines on broadcast stations – THIS END

In a unanimous decision, the Court of Appeal in Abuja today dismissed an appeal by the National Broadcasting Commission (NBC) seeking to overturn the ruling of the Federal High Court permanently barring it from imposing fines on radio and television stations and quashing fines imposed on 45 broadcasting stations on March 1, 2019 for alleged breaches of the Nigeria Broadcasting Code.

With the ruling, Media Rights Agenda (MRA) won the first of two appeals between it and NBC against two rulings of the Federal High Court, presided over by two separate judges, prohibiting the Commission from imposing further sanctions on broadcasters.

In the appeal decided on Thursday, NBC asked the Court of Appeal to set aside the ruling issued by Justice James Omotosho on May 10, 2023, in which he ruled that fines are sanctions imposed on a person who has been found guilty of an offense and that under the law in Nigeria, only courts have the power to impose sanctions for criminal offences. On November 23, 2023, the judge also denied NBC’s July 2023 motion to vacate the ruling.

The second appeal, filed by NBC against a similar ruling on January 17, 2024, delivered by Justice Rita Ofili-Ajumogobia, also of the Federal High Court, Abuja, is still pending before the same court. The court heard arguments on March 25, 2026 and reserved judgment.

In this appeal, the Commission challenges the judge’s decision in a case brought against it by MRA following the imposition of fines of 5 million naira each on a television station and three pay TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria.

The Court of Appeal ruling on Thursday arose from an earlier case brought against NBC by MRA, challenging its power to fine broadcasters, in the wake of a March 1, 2019 announcement by the Commission that it had imposed a fine of N500,000 each on 45 broadcasting stations for alleged breaches of the Nigeria Broadcasting Code.

Following the Commission’s failure to defend the case, Justice Omotosho issued a ruling on 10 May 2023, ruling that fines are sanctions imposed on a person who has been found guilty of an offense and that under Nigerian law, only the courts have the power to impose sanctions for criminal offences.

Setting aside the fines of 500,000 naira each imposed on the broadcasters, he said the NBC is “neither a court nor a judicial tribunal to rule on the culpability of the broadcasters despite what the NBC Code says”, adding that the Commission’s action violated the Constitution.

In July 2023, NBC filed a motion before the same court asking Justice Omotosho to set aside his May 10, 2023 ruling on the grounds that he had no jurisdiction to issue the ruling and that he had made his decision in ignorance of the relevant facts. But the judge denied the motion on November 23, 2023, describing it as frivolous and an afterthought, as available evidence showed that the Commission had been informed of the court’s proceedings but chose not to appear before the court to defend the case.

At the appeal hearing on 4 February 2026, Mr Victor Ogude (SAN), leading Mr Kehinde Wilkey, on behalf of NBC, formally adopted his brief of argument and made further submissions, after which Mr Ezenwa Anumnu, representing MRA, did the same.

Delivering the main ruling, Justice Oyejoju Oybiola Oyewumi upheld the contention of MRA’s lawyer, Mr Ezenwa Anumnu, that having failed to challenge the case at the Federal High Court, NBC could not now challenge it at the Court of Appeal.

It ruled that NBC’s appeal lacked merit and dismissed it.

The other two judges on the panel, Justice Abba Bello Mohammed and Justice Donatus Uwaezuoke Okorowo, agreed with her.

Post views:
162