Court Declares NBC’s Power to Impose Fines Null, Void

In a significant legal development, a Federal High Court in Abuja has declared null and void the provisions of the Nigeria Broadcasting Code that empower the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches.

The court ruled that administrative and regulatory bodies, such as the NBC, cannot exercise judicial powers.

The judgment came in response to a suit filed by Media Rights Agenda (MRA) against the NBC. The Commission had imposed fines of N5 million each on a television station and three pay TV platforms in 2022, alleging breaches related to national security concerning documentaries on banditry in Nigeria.

Justice Rita Ofili-Ajumogobia, delivering the judgment, emphasized that the NBC, not being a court of law, exceeded its powers by imposing fines.

She commended MRA for its legal challenge and issued a perpetual injunction restraining the NBC from further imposing fines on any media platform or broadcast station in Nigeria for alleged offenses under the Nigeria Broadcasting Code.

The fines imposed by the NBC on Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA Startimes Limited were set aside by the court. Justice Ofili-Ajumogobia deemed the regulator’s action wrong and unjustifiable in a democratic society.

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Abuja-based human rights lawyer Uche Amulu represented MRA in the suit, arguing that NBC’s action was unlawful, unconstitutional, and negatively impacted media freedom. MRA contended that the NBC lacked the competence to impose fines as punishment for offenses, as the power to establish offenses and impose criminal sanctions belongs to the courts.

The court also heard MRA’s plea regarding the NBC’s lack of power to conduct a criminal investigation or impose criminal penalties. MRA urged the court to declare the fines unconstitutional, null and void, and to issue an order of perpetual injunction against the NBC from imposing such fines in the future. The court’s ruling marks a significant development in the ongoing discourse on media regulation and freedom in Nigeria.