Court Stops NBC From Imposing Fines On Radio And Television Stations

A Federal High Court sitting in Abuja, has directed the National Broadcasting Commission (NBC) to stop imposing fines on radio and television stations in Nigeria.

Justice James Omotosho, issued the directive on Wednesday, while ruling on an application for an order of perpetual injunction, filed by the Incorporated Trustees Media Rights Agenda.

The applicant had sued the commission, seeking a declaration that the N500,000 fine imposed individually on 45 broadcasting stations on March 1, 2019, was unconstitutional.

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Justice Omotosho voiding the fines, declared that NBC is not a court of law, and lacks the powers to impose sanctions as punishment on broadcasting stations.

According to the judge, NBC code which empowers the commission to impose sanctions, is in conflict with section six of the Nigerian constitution,which vests such powers only on the courts of law.

Justice Omotosho said that courts would not allow a body to be imposing fines arbitrarily without recourse to the law.

The judge noted that the Nigerian Broadcasting Code cannot confer judicial powers on NBC to impose criminal sanctions or penalties.

He pointed out that NBC has no power to conduct a criminal investigation that would lead to a criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers. The action of the respondent qualifies as excessiveness as it had ascribed to itself the judicial and executive powers,” he said.

Justice Omotoso held that the doctrine sought to prevent tyranny by concentrating too much power in one organ.