Law & JusticeNewsNigeriaFederal High Court Restrain NBC From Imposing Fines On Broadcast Stations

A Federal High Court sitting in Abuja has granted an order restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations.

Also, the court set aside the N500,000 fines imposed on each of the 45 broadcast stations on March 1, 2019.

The court also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.

Justice James Omotosho while delivering the judgment described NBC’s act as being ultra vires going beyond its powers, and noted that NBC had no power to impose sanctions as punishment on broadcast stations.

He held that the NBC Code, which gives the commission the power to impose sanctions, conflicts with Section 6 of the Constitution which vested judicial power in the court of law.

“The commission, not being Nigerian police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.”

“The Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines,” Justice Omotosho said.

He said what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.

Recall that NBC had, on March 1, 2019, imposed the sum of N500,000 each on 45 broadcast stations in the country over an alleged violation of its code.

In an originating summon, however, the incorporated sued the NBC as sole respondent in the suit.

In the motion, the lawyer of the group, Noah Ajare held that the fines imposed by the NBC as punishment for the commission of various offenses under its code were contrary to the law and declared as unconstitutional, null, and void.

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Hassan Umar Shallpella (Regional Correspondent)

Veteran journalist and recipient of A.B.C Yola, Reporter of the Year Award (1997), Hassan Umar Shallpella, works with WAP as a Regional Correspondence. He was trained at Institute of Mass Communication and Technology Jos and Federal Radio Corporation of Nigeria, Training School Lagos.He was a News desk Editor and a Correspondent at the Punch newspaper and till 2019, was the Deputy Editor ofThe Scope newspaper.

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