Justice Rita Ofili-Ajumogobia of the Federal High Court Abuja has delivered a judgment that strikes at the heart of the National Broadcasting Commission's (NBC) power to levy fines on broadcast stations for perceived violations of the Nigeria Broadcasting Code.
The judgment stems from a lawsuit filed by the Media Rights Agenda (MRA) against the NBC, challenging the imposition of N5 million fines on a television station and three pay TV platforms in 2022. The fines were imposed based on allegations that the broadcasts, focusing on banditry in Nigeria, undermined the nation's security.
Justice Ofili-Ajumogobia declared the provisions of the Nigeria Broadcasting Code authorizing the NBC to impose fines null and void, asserting that the regulatory body had overstepped its jurisdiction by acting beyond its powers as a non-judicial entity. The court held that administrative and regulatory bodies should not wield judicial powers.
Commending MRA for their legal challenge, the judge issued a perpetual injunction, preventing the NBC or any entity acting on its behalf from imposing fines on any media platform or broadcast station in Nigeria for alleged offenses under the Nigeria Broadcasting Code.
The lawsuit, spearheaded by Abuja-based lawyer Uche Amulu on behalf of MRA, argued against the constitutionality and lawfulness of the NBC's fines. MRA contended that the penalties would impede the media's freedom to report on critical issues, particularly regarding the security situation in Nigeria.
The organization sought a declaration that the NBC's procedural approach in imposing fines violated the rules of natural justice and the right to a fair hearing. MRA emphasized that the NBC's dual role as both drafter of the Code and adjudicator of complaints raised concerns about impartiality and fairness in the regulatory process
