The National Broadcasting Commission (NBC) has applied to the Court of Appeal in Abuja for permission to file a fresh appeal against a Federal High Court judgment that barred it from imposing N5 million fines on broadcast stations for regulatory breaches.
Gatekeepers News reports that in the application filed by its counsel, Dapo Akinosun, the commission argued that the judgment poses a threat to effective regulation of Nigeria’s broadcasting industry and that granting its request would serve the public interest.
Background
On January 17, 2024, Justice Rita Ofili-Ajumogobia of the Federal High Court in Abuja restrained the NBC from enforcing a N5 million fine imposed on several broadcast stations in 2022 over allegations that they undermined Nigeria’s national security by airing documentaries on banditry.
The affected broadcasters included Multichoice Nigeria Limited, owners of DStv; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA StarTimes Limited.
The suit was instituted by Media Rights Agenda (MRA).
Dissatisfied with the ruling, the NBC appealed the decision. However, in June, the Court of Appeal dismissed the appeal after declaring it incompetent and fundamentally defective.
Delivering the lead judgment, Justice Jane Inyang held that while the parties at the lower court were listed as the Incorporated Trustees of Media Rights Agenda and the National Broadcasting Commission, the notice of appeal incorrectly identified the appellant as the Nigerian Broadcasting Commission.
The court ruled that the discrepancy was significant enough to deprive it of jurisdiction to entertain the appeal.
NBC seeks fresh appeal
In its latest application, the commission asked the appellate court for leave to raise a fresh issue concerning the legal capacity of Media Rights Agenda to institute and maintain the original suit before the Federal High Court.
The NBC maintained that the defect which led to the dismissal of its earlier appeal resulted solely from what it described as an “inadvertent misdescription” of its statutory name by its counsel.
According to the commission, the subsisting judgment raises critical questions about its statutory authority to regulate broadcasting and enforce compliance with broadcasting standards across the country.
It argued that allowing the judgment to stand without appellate review could create uncertainty regarding its regulatory powers and weaken its ability to enforce broadcasting rules.
The commission further warned that the absence of a clear appellate pronouncement could undermine Nigeria’s broadcasting regulatory framework.
“A weakened regulatory framework may embolden non-compliance with established broadcasting standards, thereby increasing the dissemination of false, misleading and unverified information capable of causing unnecessary public anxiety, panic and social unrest,” the NBC stated.
It also cautioned that weakened oversight could encourage irresponsible broadcasting practices and the misuse of broadcast and digital media platforms.
“Absence of effective regulatory oversight may further encourage irresponsible broadcasting practices and the misuse of broadcast and digital media platforms by persons who deliberately publish sensational, inaccurate or inflammatory content to intimidate, harass or unduly influence individuals, institutions and public discourse,” the commission added.
