IfnobeGod20:
It doesn't make sense, that arbitrary fine flying up and down for no reason. Like the one that Bayo Onanuga has to complain to NBC to sanction ChannelTV for allowing its station to be use to commit treason, whereas what Datti said is within his constitutional right to freedom of speech and expression.
Funnily, you fine the station but you didn't sue the person you claimed said wrong thing. Nonsense!

It is evident that many Nigerians are functional illiterates, one is seeing some idiotic commentators stating this immoral judgement is right because "NBC is a tool of the ruling party" they forget that we are trying to build institutions which are stronger than political interests, institutions which would outlast the influence of the APC federal government.

APC wouldn't remain in the seat of power forever but the consequences of falable judgements can last many decades if such is allowed to stand and become a reference in other legal contests.

The judiciary is not a regulator, it is a court of complaint and resolution of legal contest between two parties in a civil or criminal matter; it's duty is not to make laws but rather interprete the laws legislated upon by elected representatives acting as the voice of the collective people and signed into law by the sovereign authority in whom the said people have deposited their trust i.e the executive president of the federal republic.

The judiciary can be an arbitrator at best if all parties agree to such but to inject itself as the executioner of executive powers is rather beyond ridiculous.

This is judicial rascality at its worst

BigIyanga:

You’re wrong.. imagine if administrative bodies like LATSMA, NAFDAC, TCN etc had unlimited powers that can be challenged in the court? Even EFCC, INEC, NNPC are still guided by courts and they don't have absolute powers to act as a judge and plaintiff in their own case.

EFCC is not a regulatory body. INEC has the power to declare a winner, declare the election inconclusive or cancel an election. It is any body who is not satisfy with its declaration that will seek court intervention. Not INEC seeking court intervention before making it declaration.

sweetgala:


It is evident that many Nigerians are functional illiterates, one is seeing some idiotic commentators stating this immoral judgement is right because "NBC is a tool of the ruling party" they forget that we are trying to build institutions which are stronger than political interests, institutions which would outlast the influence of the APC federal government.

APC wouldn't remain in the seat of power forever but the consequences of falable judgements can last many decades if such is allowed to stand and become a reference in other legal contests.

The judiciary is not a regulator, it is a court of complaint and resolution of legal contest between two parties in a civil or criminal matter; it's duty is not to make laws but rather interprete the laws legislated upon by elected representatives acting as the voice of the collective people and signed into law by the sovereign authority in whom the said people have deposited their trust i.e the executive president of the federal republic.

The judiciary can be an arbitrator at best if all parties agree to such but to inject itself as the executioner of executive powers is rather beyond ridiculous.

This is judicial rascality at its worst

Very on point, sir.

Rayban25:


You are wrong...

Because when you want to abuse power is when the judiciary is allowed to get involved

When VIO feels they have power and wish to extort you even when you have all your documents complete then you have the right to sue.

Incase you're thinking of using datti on channels tv just throw it away. Because channels didnt tell datti to utter those words

They should go after datti instead of channels

Channels were fined because Datti has a right to free speech even if said speech offends the laws of the country, any citizen or even a representative of the government can sue him for causing "arm" as a consequence of his speech (arm in this case doesn't equal only physical damage but rather injuries including financial, emotional, physical or offending a federal or state statute).

However channels for presenting a platform on which he causes such injuries is liable to the regulations of the NBC which it has signed up to as a consequence of being issued a license by said agency of government, it can contest the fine using the ombudsman/or governing body assigned by the codes of conduct/laws which set up the NBC or seek judicial redress.

These are simple matters which all citizens should have a grasp of.

Civics, social studies and history must be reintroduced into the school curriculum some of the arguments supposed educated folks make these days are just amusing and terribly daft

Anyone who doesn't understand how a media regulator functions should go check out OFCOM and see how many complaints it gets daily from members of the public on everything from statements made o radio to incidents on TV and beyond, everything gets investigated and one may approach the ombudsman if not satisfied with the results of any investigation by OFCOM

lhordspy:
Maybe i am wrong BUT This doesnt make sense. NBC is a regulating commission/body, it should have power to be able to sanction erring broadcasting organisation without having to rely on the judiciary.

Instead it is the broadcasting organisation that should file a case at the court if they are not satisfy with the sanctions impose on them.

It is more like telling LASTMA, ROAD SAFETY or other precautionary and regulating agency to seek court intervention before impounding your vehicle for going against the law or NCC trying to seek court intervention before imposing sanctions on erring network providers. These are regulatory bodies, it is one of their main responsibility taken away from them while rendering them incapacitated.

Court process takes too long. We all know NBC is the only thing holding this mischievous and overly sentimental media houses by the balls and checkmating their excesses. If not, journalism would have been an insane crazy affair in this country. It should be the other way round. Anyone who is not satisfy with the sanctions should go to court not the regulatory body seeking court intervention and interpretation before imposing sanctions.

Take a look at ARISETV as a case study. This is an invitation to unethical, unprincipled journalism. In a bid to cleanse the country's mediums of information, of partisanship and unprofessional conduct. The court strikes. This is a judgement against our sanity.

The Court of Appeal will wake the Judge up soon. We are talking about a regulatory fine here resulting from an administrative action AND NOT A FINE RESULTING FROM A CIVIL DISPUTE OR THE CONVICTION FOR A CRIMINAL OFFENCE. Seriously faulty judicial reasoning here.

sweetgala:


It is evident that many Nigerians are functional illiterates, one is seeing some idiotic commentators stating this immoral judgement is right because "NBC is a tool of the ruling party" they forget that we are trying to build institutions which are stronger than political interests, institutions which would outlast the influence of the APC federal government.

APC wouldn't remain in the seat of power forever but the consequences of falable judgements can last many decades if such is allowed to stand and become a reference in other legal contests.

The judiciary is not a regulator, it is a court of complaint and resolution of legal contest between two parties in a civil or criminal matter; it's duty is not to make laws but rather interprete the laws legislated upon by elected representatives acting as the voice of the collective people and signed into law by the sovereign authority in whom the said people have deposited their trust i.e the executive president of the federal republic.

The judiciary can be an arbitrator at best if all parties agree to such but to inject itself as the executioner of executive powers is rather beyond ridiculous.

This is judicial rascality at its worst

Sometimes we allow emotions to override and overshadow our thinking. This is not the first time courts will adjudicate on matter of such level based on the Act that establishes each body in contention. Let me quickly bring to your notice such rulings that have punched agencies of government on the premise that they have no right to impose fine on offenders except through law court.
The first one was FRSC, the court wholly today the commission that they have no right to impose any fine on road traffic offenders. Check the link below:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.icirnigeria.org/court-rules-against-imposition-of-fine-by-frsc-for-offences/%23:~:text%3DA%2520Federal%2520High%2520Court%2520in,as%2520punishment%2520for%2520traffic%2520offences.&ved=2ahUKEwjJ25nZhe3-AhWQnf0HHTp3AaUQFnoECBEQBQ&usg=AOvVaw24MjDTsHRuzjkAJUcNcM6L
"A Federal High Court in Lagos has stripped the Federal Road Safety Corps, FRSC, of its power to impose fine on traffic offenders. Justice James Tsoho, declared that the FRSC not being a court of law could not on its own impose fine on offending motorists as punishment for traffic offences".

The second one is LASTMA, just last year. The judge said this:
"In his decision, Justice Olalekan Oresanya held that it was unconstitutional for LASTMA to impose fines and tow vehicles of an alleged traffic offender without a valid court order. He also awarded damages of N750, 000 against LASTMA in favour of the plaintiff". Link below:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://guardian.ng/features/legality-of-vehicles-forfeiture-under-state-traffic-management-laws/%23:~:text%3DIn%2520his%2520decision%252C%2520Justice%2520Olalekan,in%2520favour%2520of%2520the%2520plaintiff.&ved=2ahUKEwiRwszO4ur-AhWnRUEAHVJ0AO4QFnoECBUQBQ&usg=AOvVaw1so83tL4HzUFFSlAaeST9_

My brother no matter how laudable it may look like that a regulatory agency is imposing certain burden on offenders, such agency cannot and I repeat cannot go outside its regulatory Act that established it. We can hit our heads on stones several times, that won't change what the law says, except such agency goes to the national assembly and add some bites into their Act.

That FRSC judgement was what gave birth to the use of FRSC Corps Mobile Court. We are in a constitutional country and not a banana republic. NBC fining of broadcasting offenders may be permissible but is it lawful? Yes, they are doing it but not lawful.

So, I beseech you my brother to cool down. Just as you have said, all these things we surely outlive us but we must not set bad precedence that will outlive us. Let the NBC go to the national assembly and finetune their Act to capture imposition of fines and penalties and that settles it.

blacknp:
You are saying NBC the Federal Government who issued you the license to broadcast should sue a tv station to court?

Some people no just get sense @ all.

😂😂😂 so federal government is the court of law? Na ur papa no get sense.. go and fight the judge na.. if then born NBC we’ll make them disobey

IfnobeGod20:

Sometimes we allow emotions to override and overshadow our thinking. This is not the first time courts will adjudicate on matter of such level based on the Act that establishes each body in contention. Let me quickly bring to your notice such rulings that have punched agencies of government on the premise that they have no right to impose fine on offenders except through law court.
The first one was FRSC, the court wholly today the commission that they have no right to impose any fine on road traffic offenders. Check the link below:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.icirnigeria.org/court-rules-against-imposition-of-fine-by-frsc-for-offences/%23:~:text%3DA%2520Federal%2520High%2520Court%2520in,as%2520punishment%2520for%2520traffic%2520offences.&ved=2ahUKEwjJ25nZhe3-AhWQnf0HHTp3AaUQFnoECBEQBQ&usg=AOvVaw24MjDTsHRuzjkAJUcNcM6L
"A Federal High Court in Lagos has stripped the Federal Road Safety Corps, FRSC, of its power to impose fine on traffic offenders. Justice James Tsoho, declared that the FRSC not being a court of law could not on its own impose fine on offending motorists as punishment for traffic offences".

The second one is LASTMA, just last year. The judge said this:
"In his decision, Justice Olalekan Oresanya held that it was unconstitutional for LASTMA to impose fines and tow vehicles of an alleged traffic offender without a valid court order. He also awarded damages of N750, 000 against LASTMA in favour of the plaintiff". Link below:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://guardian.ng/features/legality-of-vehicles-forfeiture-under-state-traffic-management-laws/%23:~:text%3DIn%2520his%2520decision%252C%2520Justice%2520Olalekan,in%2520favour%2520of%2520the%2520plaintiff.&ved=2ahUKEwiRwszO4ur-AhWnRUEAHVJ0AO4QFnoECBUQBQ&usg=AOvVaw1so83tL4HzUFFSlAaeST9_

My brother no matter how laudable it may look like that a regulatory agency is imposing certain burden on offenders, such agency cannot and I repeat cannot go outside its regulatory Act that established it. We can hit our heads on stones several times, that won't change what the law says, except such agency goes to the national assembly and add some bites into their Act.

That FRSC judgement was what gave birth to the use of FRSC Corps Mobile Court. We are in a constitutional country and not a banana republic. NBC fining of broadcasting offenders may be permissible but is it lawful? Yes, they are doing it but not lawful.

So, I beseech you my brother to cool down. Just as you have said, all these things we surely outlive us but we must not set bad precedence that will outlive us. Let the NBC go to the national assembly and finetune their Act to capture imposition of fines and penalties and that settles it.

It is judicial rascality, only in Nigeria do judges appropriate the duties of regulatory agencies of the executive which were established by legislation and then complain about the burden on the courts.

Borough councils in UK are busy clamping & towing vehicles illegally parked the tickets are being issued by regular wardens who don't have the right to arrest and detain.

I am very familiar with all the judgements yu listed especially the FRSC and Lastma ones. Lastma have had several similar judgments go against them because they are not recognized by any federal laws and I can understand that.

And we'll then complain of trailers falling on vehicles or dangerous buses plying the road if every frsc officer needs a magistrate on standby to impound an unsafe vehicle or to issue a simple fine then what is the purpose of the agency.

You can imagine a traffic cop attached to the London Met needing to ask a magistrate before he can issue a speeding ticket. You don't even understand the gravity of the issue you are defending

lhordspy:
Maybe i am This doesnt make sense. NBC is a regulating commission/body, it should have power to be able to sanction erring broadcasting organisation without having to rely on the judiciary.

Instead it is the broadcasting organisation that should file a case at the court if they are not satisfy with the sanctions impose on them.

It is more like telling LASTMA, ROAD SAFETY or other precautionary and regulating agency to seek court intervention before impounding your vehicle for going against the law or NCC trying to seek court intervention before imposing sanctions on erring network providers. These are regulatory bodies, it is one of their main responsibility taken away from them while rendering them incapacitated.

Court process takes too long. We all know NBC is the only thing holding this mischievous and overly sentimental media houses by the balls and checkmating their excesses. If not, journalism would have been an insane crazy affair in this country. It should be the other way round. Anyone who is not satisfy with the sanctions should go to court not the regulatory body seeking court intervention and interpretation before imposing sanctions.

I disagree because if a policeman gives you a ticket you still get your day in court to argue. The agency just like the police aren't judge jury and executioner. Read your ticket its not an admission of guilt when you sign one. It's just a promise you'll show up to court. If you choose to pay it without arguing your lack of guilt that's your business.

sweetgala:


It is judicial rascality, only in Nigeria do judges appropriate the duties of regulatory agencies of the executive which were established by legislation and then complain about the burden on the courts.

Borough councils in UK are busy clamping & towing vehicles illegally parked the tickets are being issued by regular wardens who don't have the right to arrest and detain.

I am very familiar with all the judgements yu listed especially the FRSC and Lastma ones. Lastma have had several similar judgments go against them because they are not recognized by any federal laws and I can understand that.

And we'll then complain of trailers falling on vehicles or dangerous buses plying the road if every frsc officer needs a magistrate on standby to impound an unsafe vehicle or to issue a simple fine then what is the purpose of the agency.

You can imagine a traffic cop attached to the London Met needing to ask a magistrate before he can issue a speeding ticket. You don't even understand the gravity of the issue you are defending

One think I realize in this country, is that we like comparing the incomparable. Every clime have their own peculiarity and the way they structure their system which 'may' not be the same with the way we structure ours. The content of the Act that establishes Borough councils in UK 'may' not be the same with the content of the Act that establishes FRSC or LASTMA or any state traffic agency.

Just I have said, no matter how laudable what NBC is doing, the main issue is, is it lawful? If is not lawful, then, it doesn't carry human face and cannot outlive our existence.

One thing I just discovered about the NBC's fine to the broadcasting stations is that it doesn't permit fair hearing, which is against our constitution as a norm on fair hearing, which I think may be one of the angles the court is looking that NBC cannot constitute itself as law court.
There is no how NBC can win this case even though if they take it to supreme court, if their Act do not capture fine as part of penalties to breach of broadcasting codes, better for them to either go to National Assembly and tinker their Act or go the way of FRSC Corps Mobile Court by liaising with courts or tribunal.

I gave one illustration yesterday, that you cannot use the Act and regulation of Nigeria Police Force to administer an agency like custom and you can use the Act and regulation of Nigeria Immigration Service to administer Nigeria Security and Civil Defence Corps. Like for example, there is no where Police Act and regulation stipulates that fine must be imposed on offenders but do you know that Police Traffic Warden impose fine on offenders. Yes, it may look good that it curtails traffic excesses of motorists but it is illegal. But look at it, Customs impose duties and nobody can take them to court because it is an Act of Parliament that empowered them. Same way duties, fine and registration impose by Civil Defence on Private Guards . Same way no body can take Civil Defence to court for imposing fine or other burden on them because it is an Act of Parliament.

On the issue raised on impounding of vehicles by FRSC. They have the authority to impound vehicle and later take offender to court but it is more easier now for them because they always have a standby Mobile Court station in strategy place.

On the issue raised on LASTMA that may be because they are not recognized by Federal Law that was why several judgements went against them. No, my brother, state has autonomy to operate as an entity and fashion out how to administer their state. If the State House of Assembly empower the state to have Road Traffic Agency, they are backed by the law but only their operations must be consistent with the constitution and not in variance. If by tomorrow, LASTMA go the way of FRSC Corps Mobile Court, the court will welcome it or the House of Assembly finetune the Act that established LASTMA, the court will still be bound by it because it is the law of the state.

Blue3k:


I disagree because if a policeman gives you a ticket you still get your day in court to argue. The agency just like the police aren't judge jury and executioner. Read your ticket its not an admission of guilt when you sign one. It's just a promise you'll show up to court. If you choose to pay it without arguing your lack of guilt that's your business.

You still dont get it. Using your example. What the court is trying to say is that the policeman will have to seek court intervention before giving ticket.

It should be the other way round. If a policeman give you ticket, then you have the right to either pay or challenge it at the court.

Same with the NBC. What the court is trying to say is before the NBC can sanction, they have to seek the court. Instead of the erring media houses taking the matter to court after the sanction is placed on them


Do you get it now?

lhordspy:

Same with the NBC. What the court is trying to say is before the NBC can sanction, they have to seek the court. Instead of the erring media houses taking the matter to court after the sanction is placed on them


Do you get it now?

I still don't agree but we'll see if the appeal court sees it your way. The judge said they tried to play judge jury and executioner. This is what he probably means by imposing fines without recourse to law.

He said the court would not sit idle and watch a body arbitrarily imposing a fine without recourse to the law.

He said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

THE COURT CAN'T RIGHT. TAKE IT TO SUPREME COURT.

ivolt:

Actually, it is attention-seeking judges who make such pronouncement.
There is no country where sundry offenses are mandatorily serviced through the courts.
Traffic cops routinely issue out tickets for over-speeding or wrong parking.
Environmental watchdogs impose fine on erring companies too.

It is up to an offender to challenge the fine and claim innocence
rather than challenge the power of regulatory bodies to impose fine.

I expect the appeal and supreme court to do the needful and failing to do that,
the national assembly will make the adequate explicit amendment.

What is the use of a regulatory body that cannot impose penalties?

Bros no vess, we no quarrel so no fighting!

Your episode is so long and on various thread, so I didn’t read the others cos no time.

I am glad you are profiting from the oldest profession known to man.

lhordspy:
Maybe i am wrong BUT This doesnt make sense. NBC is a regulating commission/body, it should have power to be able to sanction erring broadcasting organisation without having to rely on the judiciary.

Instead it is the broadcasting organisation that should file a case at the court if they are not satisfy with the sanctions impose on them.

It is more like telling LASTMA, ROAD SAFETY or other precautionary and regulating agency to seek court intervention before impounding your vehicle for going against the law or NCC trying to seek court intervention before imposing sanctions on erring network providers. These are regulatory bodies, it is one of their main responsibility taken away from them while rendering them incapacitated.

Court process takes too long. We all know NBC is the only thing holding this mischievous and overly sentimental media houses by the balls and checkmating their excesses. If not, journalism would have been an insane crazy affair in this country. It should be the other way round. Anyone who is not satisfy with the sanctions should go to court not the regulatory body seeking court intervention and interpretation before imposing sanctions.

Take a look at ARISETV as a case study. This is an invitation to unethical, unprincipled journalism. In a bid to cleanse the country's mediums of information, of partisanship and unprofessional conduct. The court strikes. This is a judgement against our sanity.

This statement is absolutely wrong, you know why? Nigerian broadcasting commission, otherwise known as NBC are been used as a political tool to sanction television stations and radio station, there should be a law to take tv stations to court when they are found wanting, and an appeal follows, that is how it's meant to be, not just having a soul power to fine media houses, to me it's absolutely wrong.