In Nigeria, the National Broadcasting Commission (NBC) has recently filed an appeal against a decision made by the Federal High Court regarding its power to impose fines on radio and television stations. The NBC is disputing the verdict, which upheld that only courts of law are authorised to impose sanctions for alleged “criminal offences”.
The case was brought to court by Media Rights Agenda, who challenged the NBC’s ability to fine broadcasters. The NBC had previously imposed a fine of US$315 on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code in 2019.
Justice James Omotosho, the presiding judge, ruled that NBC is not a court or a judicial tribunal and, therefore, lacks the authority to decide on the guilt of broadcast stations. Consequently, NBC is asking the appellate court to set aside the trial court’s verdict, particularly its refusal to set aside its judgment over the matter.
The NBC’s lead counsel, Mr. Babajide Koku (SAN), argues that Justice Omotosho made an error in law. The case is ongoing, and the outcome of the appeal is yet to be determined.
