Nigeria’s National Broadcasting Commission (NBC) is seeking permission from the Court of Appeal in Abuja to file a fresh appeal against a Federal High Court ruling that stripped the regulator of its authority to impose monetary fines on broadcasters.
The application follows the dismissal of the commission’s earlier appeal in June after the Court of Appeal found a technical flaw in the filing. The notice of appeal referred to the regulator as the “Nigerian Broadcasting Commission” rather than its legal name, the “National Broadcasting Commission.”
According to Media Rights Agenda (MRA), the NBC has now asked the appellate court to extend the deadline for filing a new appeal. The application was made through the commission’s lawyer, Senior Advocate of Nigeria (SAN) Dapo Akinosun.
The appeal relates to a January 2024 Federal High Court judgement, which ruled that the NBC acted beyond its statutory powers when it fined four broadcasters US$3,664 over documentaries on insecurity in Zamfara State.
The affected broadcasters were MultiChoice Nigeria, owners of DStv, TelCom Satellite Limited (TSTV), Trust TV Network Limited and NTA StarTimes Limited.
The court held that the NBC, as a regulatory body rather than a court of law, does not have the constitutional authority to impose monetary penalties. It also found that the sanctions interfered with the constitutional right to freedom of expression, including the public’s right to receive information.
The commission maintains that the case has significant implications for broadcast regulation in Nigeria. It argues that if the ruling is not reviewed, its ability to enforce the Nigeria Broadcasting Code could be undermined.
Beyond seeking more time to appeal, the NBC is also asking the Court of Appeal for permission to raise a new legal issue, questioning whether Media Rights Agenda had the legal standing to bring the original case before the Federal High Court.
The current application is the latest development in a legal battle that has been unfolding for several years over the limits of the NBC’s enforcement powers.
In 2019, the commission fined 45 broadcast stations US$366 each for alleged breaches of the Nigeria Broadcasting Code. Media Rights Agenda challenged those sanctions, arguing that only the courts, not an administrative regulator, could impose financial penalties.
In May 2023, the Federal High Court in Abuja agreed, ruling that the NBC lacked the constitutional authority to levy fines and issuing a permanent injunction preventing the commission from imposing monetary sanctions on broadcasters. The Court of Appeal later upheld that decision.
The commission has also been unsuccessful in challenging the separate January 2024 ruling on the Zamfara documentary fines. Its first appeal was dismissed in June after the appellate court found the filing to be defective because of the incorrect naming of the regulator.
The Court of Appeal has not yet fixed a date to hear the NBC’s latest application.
