The Court of Appeal, Abuja Division, has upheld the judgment of the Federal High Court which restrained the National Broadcasting Commission (NBC) from imposing fines on broadcast stations for alleged breaches of the Nigeria Broadcasting Code.
Delivering the lead judgment, Justice Oyejoju Oyewumi held that NBC’s appeal was incompetent and devoid of merit, noting that the commission failed to properly challenge the suit at the trial court and could not raise fresh issues at the appellate stage. Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo concurred.
This decision affirms the 2023 ruling of Justice James Omotosho of the Federal High Court, which declared NBC’s sanctioning powers unconstitutional. Omotosho had issued a perpetual injunction restraining NBC from imposing fines and set aside the N500,000 penalties imposed on 45 broadcast stations in March 2019.
The trial court reasoned that NBC, being an administrative body, cannot exercise judicial powers reserved for courts under Section 6 of the 1999 Constitution. It further held that the commission’s dual role as complainant, investigator, adjudicator, and beneficiary of fines violated the principles of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter.
The Incorporated Trustees of Media Rights Agenda, through counsel Noah Ajare, had initiated the suit, arguing that NBC’s sanctioning procedure amounted to excessiveness and breached the doctrine of separation of powers.
By this ruling, the appellate court has reinforced the position that NBC cannot impose criminal sanctions or fines, as such powers lie exclusively with courts of law.
