Federal High Court nullifies NBC’s authority to impose fines on broadcasters
In a landmark ruling, the Federal High Court in Abuja has declared null and void the provisions of the Nigeria Broadcasting Code that empower the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches. This pivotal decision follows a legal challenge by Media Rights Agenda (MRA) against fines levied by the NBC in 2022 on a television station and three pay-TV platforms for broadcasting documentaries on banditry in Nigeria. Justice Rita Ofili-Ajumogobia, presiding over the case, asserted that the NBC, not being a court of law, exceeded its powers, commending MRA for its legal stand.
The court, recognizing the significance of the matter, issued a perpetual injunction restraining the NBC or any entity acting on its behalf from imposing fines on any media platform or broadcast station in Nigeria for alleged offenses under the Nigeria Broadcasting Code. The fines previously imposed on Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA Startimes Limited were set aside. Justice Ofili-Ajumogobia emphasized that such regulatory actions were not justifiable in a democratic society.
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The suit, initiated by human rights lawyer Mr. Uche Amulu on behalf of MRA, contended that NBC’s fines were not only unlawful and unconstitutional but also posed a threat to freedom of expression rights. MRA argued that these fines would act as a deterrent, hindering media platforms and stations from reporting the true state of security in Nigeria. The court concurred with MRA’s legal arguments, granting all the declarations and injunctions sought by the organization.
In her comprehensive judgment, Justice Ofili-Ajumogobia also addressed MRA’s additional claims. While the court refused to grant MRA’s request for costs incurred in litigating the action, it upheld the organization’s core arguments. The ruling sends a clear message about the limits of regulatory bodies, emphasizing the importance of safeguarding freedom of expression and media independence in a democratic society.
