Nigeria — The National Broadcasting Commission (NBC) has been ordered by the Abuja Federal High Court to stop imposing fines on Nigerian broadcast stations. Judge James Omotosho presided over the case and ruled that the NBC lacked the power to impose penalties and that the NBC Code was in conflict with Section 6 of the Constitution that vested the judicial power in a court of law.
The N500,000 fines imposed by the NBC on 45 broadcast stations on March 1, 2019, were declared null and void by Judge Omotosho. The judge issued an order of perpetual injunction that prevents the agency from imposing fines on broadcast stations in the country.
The Nigeria Broadcasting Code, which empowers the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines. Also, the commission, not being the Nigerian police, does not have the power to conduct criminal investigations that would lead to criminal trial and imposition of sanctions.
The Incorporated Trustees of Media Rights Agenda sued the NBC as the sole respondent in the case and sought a declaration that the sanction procedure applied by the NBC was a violation of the rules of natural justice. The group argued that the fines violated the right to fair hearing under Section 36 of the 1999 Constitution and Articles 7 of the African Charter on Human and Peoples Rights.
The ruling by Judge Omotosho emphasizes the importance of separating powers in governance and preventing the concentration of too much power in one organ. The NBC has been ordered to respect the constitutional provisions governing the imposition of fines and other sanctions on Nigerian broadcast stations.
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