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| National Broadcasting Commission |
An Abuja Federal High Court in Nigeria has ruled that the National Broadcasting Commission (NBC) lacks the judicial power to impose fines on broadcast stations in the country. The ruling was made on Wednesday, May 10, 2023, by Justice James Omotosho, who also gave an order of perpetual injunction restraining the NBC from imposing fines, henceforth, on broadcast stations in the country.
Justice Omotosho set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations. He held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations. The judge further held that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
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The ruling was made in response to a suit brought by the Incorporated Trustees of Media Rights Agenda against the NBC. The group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,000 fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice. The group argued that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
In his ruling, Justice Omotosho declared the fines imposed by the NBC as punishment for commission of various offenses under its code as unconstitutional, null, and void. He also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.
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