The Court of Appeal in Abuja has dismissed the appeal filed by the National Broadcasting Commission (NBC) against the judgment restraining the commission from imposing fines on broadcast stations.
Jane Esienanwan Inyang, the lead judge of the panel, held
that the NBC’s appeal was “fundamentally defective” and incompetent.
The appeal was filed by NBC against the judgment of Rita
Ofili-Ajumogobia, a judge at the federal high court in Abuja.
THE CASE
On January 17, 2024, Ofili-Ajumogobia restrained the NBC
from imposing N5 million fine against broadcast stations in 2022 over
allegations of “undermining Nigeria’s national security by broadcasting
documentaries on banditry in Nigeria”.
The affected broadcast stations are Multichoice Nigeria
Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network
Limited; and NTA Startimes Limited,
The suit was filed by Media Rights Agenda (MRA).
THE COURT OF APPEAL’S JUDGMENT
Inyang held that the parties before the lower court were
identified as “Incorporated Trustees of Media Rights Agenda (as applicant) and
National Broadcasting Commission (as respondent)” but in the notice of appeal
the purported appellant was described as the “Nigerian Broadcasting
Commission”,
The judge ruled that the court considered the discrepancy
significant and that it lacked jurisdiction to entertain the Commission’s
appeal.
Inyang ruled that the notice of appeal is a foundation of
appeal and a condition precedent to the exercise of appellate jurisdiction by
the court.
PREVIOUS NBC’S APPEAL DISMISSAL
In April 2026, court of appeal in Abuja dismissed another
appeal filed by the NBC against the judgement barring it from imposing fines on
broadcast stations.
In May 2023, the federal high court in Abuja ruled that NBC
did not have judicial powers to impose penalties on broadcast stations.
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.
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