On May 10, 2023, a Federal High Court in Abuja granted a perpetual injunction that restrains the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in Nigeria. Justice James Omotosho, in his judgement, held that NBC has no power to impose sanctions as punishment on broadcast stations since it is not a court of law.
He stated that the NBC Code is in conflict with Section 6 of the Constitution, which vests judicial power in the court of law. The judge further held that the NBC, being an administrative body, cannot confer judicial powers on itself to impose criminal sanctions or penalties such as fines.
The judge set aside the N500,000 fines imposed on March 1, 2019, on each of the 45 broadcast stations, stating that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
Justice Omotosho declared the fines unconstitutional, null and void and barred the commission from further imposing fines on broadcast stations in the country.
The Incorporated Trustees of Media Rights Agenda, in an originating motion, had sued the NBC as sole respondent in the suit, seeking a declaration that the sanctions procedure applied by the commission was a violation of the rules of natural justice and the right to fair hearing.
The group had also sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations and an order of perpetual injunction restraining the commission from imposing fines on any broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.
