The Federal High Court in Abuja has ruled that the National Broadcasting Commission (NBC) does not have the authority to directly impose fines on broadcast stations for alleged breaches of the Nigeria Broadcasting Code.
This judgment, delivered by Justice Rita Ofili-Ajumogobia, came in response to a legal challenge filed by the Media Rights Agenda (MRA) against NBC, challenging the legality of such fines.
The legal dispute arose when the Commission imposed fines of N5 million each on a television station and three pay-TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry.
Justice Ofili-Ajumogobia commended MRA for its legal challenge and issued a significant order of perpetual injunction.
The perpetual injunction restrains the NBC or anyone acting on its behalf from further imposing fines on any media platform or broadcast station in Nigeria for alleged offenses under the Nigeria Broadcasting Code.
The court declared that imposing fines is a judicial function that falls outside the scope of an administrative body like the NBC. She maintained that such actions by the Commission are inappropriate in a democratic society.
Also, the fines imposed by NBC on August 3, 2022, on Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA Startimes Limited were set aside by Justice Ofili-Ajumogobia.
The suit was filed by Abuja-based human rights lawyer Uche Amulu on behalf of MRA. The court was asked to consider NBC’s actions unlawful and unconstitutional, asserting that it had a chilling effect on the freedom of the media to impart information and ideas.
MRA contended that the fines would deter media platforms and stations from reporting the true state of affairs regarding the security situation in Nigeria, violating the right to freedom of expression as guaranteed by the Constitution and the African Charter on Human and People’s Rights.
Furthermore, MRA sought a declaration that the procedure adopted by NBC in imposing the fines violated the rules of natural justice and the right to a fair hearing.
It argued that NBC, being the drafter of the Code, lacked the independence and impartiality required to adjudicate complaints, investigate, impose fines, and collect fines. The court’s ruling marks a significant development in the ongoing debate surrounding media freedom and regulatory authority in Nigeria.
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