In a landmark ruling on Wednesday, Justice James Omotosho of the Federal High Court in Abuja declared that the National Broadcasting Commission (NBC) does not have the power to impose fines on broadcast stations. The court stated that the NBC lacks judicial powers to impose penalties, and as such, any previous or future fines imposed on radio and TV stations are null and void.
The case arose after the NBC fined 45 broadcast stations N500,000 each on March 1, 2019. The court’s ruling sets aside these fines and gives an order of perpetual injunction restraining the NBC from imposing penalties on broadcast stations in Nigeria.
Justice Omotosho explained that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution that grants judicial power in the court of law. He stated that a body cannot impose fines arbitrarily without recourse to the law.
This ruling is a significant victory for broadcasters in Nigeria who have long been at the receiving end of NBC’s fines for alleged infractions of its codes. While the NBC can regulate broadcast content, the court’s ruling limits its powers to imposing fines as punishment.
As broadcast stations in Nigeria breathe a sigh of relief, it remains to be seen how the NBC will react to this ruling. This decision could have far-reaching implications for the commission and its regulatory role in Nigeria’s broadcast industry.