A federal High Court in Abuja has stopped the National Broadcasting Commission (NBC), from further imposing fines on broadcast stations.
Justice James Omotosho, who nullify the N500,000 fine imposed on 45 broadcast stations in March 1, 2019, opined that the NBC, not being a court of law, lacked powers and right to impose sanctions as punishment on alleged said broadcast stations.
The judge held that the NBC Code, on which the commission relies to impose sanctions, contradict with Section 6 of the Constitution which vested judicial powers in the court.
He stated, the court will not allow a body impose unnecessarily fine without recourse to the law. According to him, the NBC did not comply with the law when it sat as a complainant, a court and a judge on its own case.
Justice Omotosho in his statement released said that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body like the NBC to enforce its provisions, could not confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
The judge also state that the NBC, not being the Nigeria Police Force, was not in position to conduct criminal investigation that would lead to criminal trial and imposition of sanctions, adding that ‘this will conflict the doctrine of separation of powers’.
Then Director-General of the NBC, Modibo Kawu, while announcing the sanction in March 1, 2019 said about 45 stations violated Sections 5.2.12, 7.6.6 and 7.6.7 of the commission’s Code at the end of the February 23 presidential elections.
Kawu observed that they also sanctioned stations who allowed politicians make abusive, inciting and provocative statements during rallies, adding that this happened on several radio and television stations.
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