A Federal High Court in Abuja has nullified the provisions of the Nigeria Broadcasting Code that empowers the National Broadcasting Commission (NBC) to impose fines on media houses for alleged breaches of the Code.
The Court on Wednesday ruled that administrative and regulatory bodies could not exert judicial powers.
Justice Rita Ofili-Ajumogobia delivered the judgement in a suit instituted by Media Rights Agenda (MRA) against the NBC following the Commission’s imposition of fines of N5 million each on a television station and three pay TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry.
In her ruling, Justice Ofili-Ajumogobia held that the NBC not being a court of law, acted above its powers by imposing such fines.
Also, the judge issued an order of perpetual injunction restraining NBC or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.
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Consequently, Justice Ofili-Ajumogobia set aside the fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State.
- The judge said that “the regulator’s (NBC) action was wrong and unjustifiable in a democratic society.”
While Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the declarations and injunction sought by the organization, she however, refused to grant the organization’s claim for N700,000 as costs it incurred in litigating the action.
In addition, the judge did not grant another of MRA’s claim for N2 million as general damages for NBC’s infringement on its rights as well as a request for N1 million as punitive damages for the Commission’s “outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations.”