On 10th May 2023, a Federal High Court restrained the NBC from imposing fines, henceforth, on broadcast stations in the country.

A Federal High Court in Abuja today declared null and void the provisions of the Nigeria Broadcasting Code authorizing the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches of the Code as it ruled that administrative and regulatory bodies could not exercise judicial powers.

Delivering judgment in a suit instituted by Media Rights Agenda (MRA) against the NBC following the Commission’s imposition of fines of N5 million each on a television station and three pay TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria, Justice Rita Ofili-Ajumogobia held that the NBC not being a court of law, acted above its powers by imposing such fines.

The judge commended MRA for its legal challenge of the NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

Justice Ofili-Ajumogobia set aside the fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State, saying the regulator’s action was wrong and unjustifiable in a democratic society.

Abuja-based human rights lawyer, Mr. Uche Amulu, filed the suit on behalf of MRA asking the court to hold, among other things, the NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas. MRA contended that it would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

MRA also sought a declaration that the procedure adopted by the NBC in imposing the fines is a flagrant violation of the rules of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.

MRA contended that the NBC, not being a court of law and not having been constituted in a manner as to secure its independence and impartiality, has no power or competence to impose fines on broadcast stations as punishment or penalties for the commission of an offence as the competence to establish that an offence has been committed and to impose criminal sanctions or penalties belongs to the courts.

Besides, it claimed, the NBC, not being the Nigerian Police or a law enforcement agency, has no power to conduct a criminal investigation or an investigation that could lead to criminal charges against the affected media platforms and stations or the imposition of criminal penalties and accordingly, that the investigation purportedly conducted by the Commission, leading to the fines imposed on the media platforms and station for alleged offences under the Nigeria Broadcasting Code is ultra vires, null and void.

https://independent.ng/breaking-court-nullifies-provisions-of-broadcasting-code-empowering-nbc-to-impose-fines-on-broadcasters/?utm_source=&utm_medium=%5Bfacebook%5D&fbclid=IwAR0XZfgG2lHlIB25cj2H9X64rJHZvOFyPa8dDExiPxU1tgrDoJPOCSWugMI

Hehehe.

Good one,they want to gag the media. NBC is another branch of the government .

Yet, media houses keep on paying.

Very good development. This is win for free speech over authoritarianism

Tìnubu attempt to ncage the media now in the mod.

Buhari, Lai Mohammed, and the APC attempts to gag press and information dissemination in the mud. This is what happens when tyrants are in government.

NBC can not be the judge and the jury at the same time.

So can they now refund my media house fines I paid in 2022?

Nice one

Damnnn niggar
Nice

Let the broadcast and media House expose this bad government in power

Good...

Freedom of expression by media houses OAP...the law says you fit express una sef...and not fear any sanctions from NBC...


Freedom after expressing una sef is what I don't know. ..be wise

If not that I have decided to be a seriously minded born again Christian, i for say thunder fire tinubu

NBC lost relevance under Buharis administration for the evil of gagging d press

chokekachy:
On 10th May 2023, a Federal High Court restrained the NBC from imposing fines, henceforth, on broadcast stations in the country.



https://independent.ng/breaking-court-nullifies-provisions-of-broadcasting-code-empowering-nbc-to-impose-fines-on-broadcasters/?utm_source=&utm_medium=%5Bfacebook%5D&fbclid=IwAR0XZfgG2lHlIB25cj2H9X64rJHZvOFyPa8dDExiPxU1tgrDoJPOCSWugMI

We all know that the main target is that guy in arise n shegun of channels ..
Both their God pass them

It was Buhari and Lai Mohammed's tool to gag the press. Funny enough, people get their news more on social media now than TVs or Radio.

NBA

Damn

One of the anti-media policies of Buhari time has been finally defeated.

Yeye officials, doing pass themselves.
Where is Lai Mohammed?

Good news to Human Rights Radio AKA Bereke Family They have been at the recieving end of this Obnocious Law.

Rufai Oseni will be in a jubilant mood on hearing this news, him go begin talk wetin like as usual

Gr8 news!

Now yhu can't cage media houses to sing ruling party praises....
They'd only witch hunt yhu with levies....

atiku4President:
Very good development. This is a win for free speech over authoritarianism

It still does not suggest that the court can't initiate fines on media houses that violate their code of conduct

Late declaration after tyrants have left office.
Judgement given after Lai Mohammad and Femi adesina have left office.

So freedom of speech on one hand, and you guy's are talking too much, it's a national security issue on the the other.

Some people will not like this news.

Political appointees from the last administration really used their political powers through NBC to deliberately punish some broadcast stations who criticised their principal's administration and leadership style.
We should develop a system that impose strict repercussions for breaking our numerous laws that have been docile since 1960.