The Court of Appeal in Abuja has dismissed the appeal filed by the National Broadcasting Commission (NBC) against the judgement barring it from imposing fines on broadcast stations.
Oyejoju Oyewumi, who led the three-member panel, ruled on Thursday that the NBC’s appeal lacked merit. Other justices on the panel are Abba
Bello Mohammed and Donatus Uwaezuoke Okorowo.
In a unanimous verdict, Oyewumi held that the NBC cannot
challenge the judgement at the court of appeal, having failed to contest the
suit at the Federal High Court.
BACKGROUND
On March 1, 2019, NBC sanctioned 45 broadcast stations over
alleged ethical infractions during the general election.
Is’haq Kawu, then director-general of the commission, said
the affected media houses were fined N500,000 each for flouting the provisions
of the Nigerian broadcasting code.
Displeased with the fines, the Media Rights Agenda (MRA)
sued NBC, citing that NBC’s action violated the right to a fair hearing under
section 36 of the 1999 Constitution (as amended) and Article 7 of the African
Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
The MRA asked the court to declare the fines
unconstitutional and null.
In May 2023, the federal high court in Abuja ruled that NBC
did not have judicial powers to impose penalties on broadcast stations.
James Omotosho, the presiding judge, set aside fines imposed
by NBC on 45 broadcast stations.
Omotosho said the commission acted as the complainant,
court, and judge in handling the alleged infractions.
MRA COMMENTS
A statement released by Idowu Adewale, MRA’s communications
officer, said the court of appeal’s ruling was the first of the two appeals
filed by the NBC on issues pertaining to imposition of fines.
Adewale said the second appeal was lodged by the NBC against
the judgement of Rita Ofili-Ajumogobia, a judge of the federal high court in
Abuja, delivered on January 17, 2024.
The MRA spokesperson said the court of appeal had reserved
judgement in the case.
The organisation instituted the case following NBC’s
imposition of fines of N5 million each on a television station and three pay TV
platforms in 2022.
The broadcast stations were accused of allegedly undermining
Nigeria’s national security by broadcasting documentaries on banditry in
Nigeria.
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