Appeal court affirms ruling against NBC, okays ban on fining broadcast stations 

By Vivian Okejeme Abuja

The Abuja Division of the Court of Appeal, Thursday, dismissed an appeal filed the National Broadcasting Commission (NBC) seeking to overturn the lower court judgement restraining it from imposing fines on broadcast stations .

In the unanimous judgement, read by Justice Oyejoju Oyebiola Oyewumi, the court of appeal held that the NBC’s appeal lacked merit, adding that the commission could not challenge a case on appeal after failing to defend it at the trial stage.

Therefore, the appellate court affirmed the earlier ruling of the federal high court that  nullified the N500,000 fines imposed by the NBC on 45 radio and television stations in March 2019 for alleged violations of the Nigeria Broadcasting Code.

The Media Right Agenda(MRA), was before the lower court challenging the NBC’s authority to sanction broadcasters through fines.

Justice James Omotosho of the lower court had in a ruling on May 10, 2023, held that only courts of law have the constitutional power to impose penalties for criminal offences.

The court held that the commission, not being a judicial body, lacked the authority to fine broadcast stations.

Consequently, Justice Omotosho set aside the penalty imposed on the 45 broadcast stations by the commission.

Reacting, in July, 2023, the NBC, filed a motion asking the court to vacate it’s decision for wants of jurisdiction and incomplete facts.

The motion which the court described as futile and an afterthought, was dismissed on November 23.

In the unanimous judgement, read by Justice Oyejoju Oyebiola Oyewumi, the court of appeal held that the NBC’s appeal lacked merit, adding that the commission could not challenge a case on appeal after failing to defend it at the trial stage

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