The Court of Appeal has upheld a judgment barring the National Broadcasting Commission (NBC) from imposing fines on broadcast stations, reinforcing earlier rulings that limit the regulator’s powers.
Gatekeepers News reports that the appellate court sitting in Abuja dismissed NBC’s appeal against the earlier judgment, ruling that it lacked merit. The three-member panel, led by Oyejoju Oyewumi, delivered a unanimous verdict, with Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo also concurring.
The court held that the NBC could not challenge the earlier decision at the appellate level because it failed to properly contest the case at the federal high court.
The case traces back to sanctions imposed by the NBC in 2019, when about 45 broadcast stations were fined N500,000 each for alleged violations of the broadcasting code.
Following the sanctions, the Media Rights Agenda (MRA) filed a suit, arguing that the commission’s actions violated the right to fair hearing as guaranteed under the constitution and relevant human rights laws.
In 2023, the federal high court ruled in favour of MRA, with Justice James Omotosho declaring that the NBC lacked judicial authority to impose fines, noting that the commission acted as “complainant, prosecutor and judge” in the same matter.
Reacting to the appellate court’s decision, MRA described the ruling as significant, noting that it is one of multiple appeals filed by the NBC over its sanctioning powers. The organisation added that another related appeal is still pending before the court.
