You Can’t Fine Broadcast Stations, Court Tells NBC

The Federal High Court sitting in Abuja has placed perpetual injunction against the National Broadcasting Commission (NBC) on imposition of fines on broadcast stations.

The court asserted that NBC in the spirit of the Nigerian Constitution lacks the power to impose fines on broadcast stations.

In a swift reaction to the order yesterday, the Nigerian Guild of Editors (NGE) commended the court over its order of perpetual injunctions restraining the NBC from imposing fines on broadcast stations in the country.

Ruling on originating motions marked: FHC/ABJ/CS/1386/2021, instituted by the Incorporated Trustees of Media Rights Agenda against the NBC – as sole respondent in the suit, Justice James Omotosho, also set aside the N500,000 fine imposed on March 1, 2019 on each of 45 broadcast stations.

The judge also held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

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

In a statement signed by its president, Mustapha Isah and the general secretary, Dr. Iyobosa Uwugiaren, yesterday in Abuja, the Guild saluted the courage of the MRA – for testing the draconian NBC Act, saying the judgement has vindicated the position of the editors that NBC could not appropriate the constitutional responsibility of the judiciary arm of government.

‘’Justice Omotosho’s ruling on Wednesday vindicated our consistent position over the years that the NBC cannot be the accuser, the investigator and the judge on matters relating to alleged breach of the Broadcast Code.

’Our position has always been that an independent body or institution should be the one to examine any perceived infraction by the broadcast stations, which should be given the opportunity to defend themselves.

“The court is right in its ruling – by saying that it would not sit idle and watch a body imposing fine arbitrarily without recourse to the law, the Guild stated.

The court yesterday said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that 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.

He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Justice Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.

The umbrella of all the editors in Nigeria reiterated its earlier resolution to engage the incoming government and other stakeholders over the NBC Act and the Broadcast Code of Conduct – with the aim to amend and reform them to conform to the global best practices.

Sudan: First Contingent Of Sokoto Students Returns Adeniyi Olugbemi, Sokoto.

The first contingents of Sokoto state-sponsored students in troubled Sudan, torched down at the Sultan Abubakar III International Airport, on Wednesday.

The 15 students were received by the Executive Chairman of Sokoto State Scholarship Board, Hon. Sadeeq Abubakar Sanyinna.

Sanyinna, represented by the board’s permanent member, Hajiya Inno Attahiru, said the state has over 100 sponsored students in Sudan.

The chairman who commended the state and Federal Government for their quick response in evacuation of stranded Nigerians from war-torn Sudan, expressed optimism that all of them would be evacuated back home within the next few weeks.

According to him, “the state government is working hand in hand with the Nigerian embassy in Sudan with a view to securing a safe corridor for the evacuation of the remaining students still at the border.”

Nura Mohammed Bello, one of the returnees while narrating his horrendous experience said, “what I saw in Sudan before we were evacuated with other students to the border was near hell.

“We were running helter-skelter for refuge as military Jets intensified bombing, in and around Khartoum, the nation’s capital.

“I had never thought we would make it to the border. I will rather stay in Nigeria to continue with my educational pursuit. It is not easy to study outside one’s country, especially at a time of war, like the one we witness in Sudan,” narrated Bello.

Hajiya Larai Mohammed Galadima, mother to one of the female returnees, who was elated to see her only female daughter disembarking from the plane express happiness for seeing her daughter after weeks of apprehension and conflicting reports of their whereabouts.

“I cannot tell you how happy I am right now, but I have to commend and thank all those who contributed in one way or the other to secure the evacuation of our stranded children.

“May God save our remaining students still in Sudan struggling to come home,” she prayed.