The Federal High Court in Abuja has invalidated the provisions of the Nigeria Broadcasting Code that granted the National Broadcasting Commission (NBC) the authority to impose fines on broadcast stations.
The court declared that administrative and regulatory bodies, such as the NBC, cannot wield judicial powers.
The judgment came in response to a lawsuit filed by Media Rights Agenda (MRA) against the NBC. This legal action was initiated following the Commission’s imposition of hefty fines amounting to N5 million each on a television station and three pay TV platforms in 2022.
The fines were imposed under the pretext of undermining Nigeria’s national security by airing documentaries on banditry in the country.
Justice Rita Ofili-Ajumogobia, in delivering the verdict, asserted that the NBC, lacking the status of a court of law, exceeded its jurisdiction by imposing such fines.
The judge applauded MRA for its legal challenge and issued a perpetual injunction, restraining the Commission or any entity acting on its behalf from imposing fines on any media platform or broadcast station in Nigeria for alleged Code breaches.
The fines, which were imposed on Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA Startimes Limited, were set aside by Justice Ofili-Ajumogobia. She deemed the regulator’s actions as improper and unjustifiable within a democratic society.
Uche Amulu, an Abuja-based human rights lawyer, represented MRA in the case. The suit contended that the NBC’s imposition of fines was unlawful, unconstitutional, and infringed upon the freedom of media to impart information and ideas. MRA argued that the NBC, lacking the attributes of a court and lacking independence and impartiality, had no authority to impose fines on broadcast stations.
Furthermore, MRA asserted that the NBC, not being a law enforcement agency, lacked the power to conduct criminal investigations or impose criminal penalties. The court accepted MRA’s arguments, declaring the NBC’s investigation leading to the fines as ultra vires, null, and void.
The court also addressed the nature of the Nigeria Broadcasting Code, stating that it, being a subsidiary legislation empowering the NBC as a regulatory body, cannot confer judicial powers or jurisdiction in criminal matters on the Commission. As a result, the fines were declared unconstitutional, ultra vires, and null and void.
