NBC seeks dismissal of order restricting fines on broadcast stations

The National Broadcasting Commission (NBC) has taken legal action seeking the dismissal of a court order that prevents the agency from imposing fines on broadcast stations.

In a ruling on May 10, a Federal High Court in Abuja declared that the NBC lacked the authority to levy penalties on broadcast stations.

Presiding judge, James Omotosho nullified fines that had been imposed on 45 broadcast stations by the NBC. The sanctions had been imposed on March 1, 2019, due to alleged ethical violations during the general election.

Former Director-General of the commission, Is’haq Kawu, had announced fines of N500,000 each for the stations, which included Channels Television, TVC, AIT, and NTA.

Responding to the fines, Media Rights Agenda (MRA) filed a lawsuit against the NBC, arguing that the commission’s actions violated the right to fair hearing as guaranteed by section 36 of the 1999 constitution (as amended) and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act. MRA sought a court declaration to deem the fines unconstitutional and void.

In response, the NBC, represented by its counsel, Babatunde Ogala, filed a suit asserting that the court had made its decision based on “ignorance of relevant facts.”

The NBC further claimed that MRA had not appealed two previous federal high court decisions on the same issues and involving the same parties.

According to the commission, MRA’s decision to bring a fresh suit instead of pursuing appeals was an attempt to provoke a clash between different courts.

The motion regarding this matter is scheduled for a hearing on October 5, 2023, as determined by Judge Omotosho.