In a significant ruling, the Abuja Federal High Court has barred the National Broadcasting Commission (NBC) from imposing fines on Nigerian broadcast stations. Presiding Judge James Omotosho stated that the NBC lacks the judicial powers to impose penalties, and he issued a perpetual injunction against the commission from imposing fines on broadcast stations moving forward. The court also set aside the N500,000 fines that were imposed on each of the 45 broadcast stations on March 1, 2019.

Justice Omotosho emphasized that the NBC, not being a court of law, does not possess the authority to impose sanctions on broadcast stations. He further stated that the NBC Code, which grants the commission the power to impose sanctions, conflicts with Section 6 of the Constitution that vests judicial power in the court. The judge expressed the court’s stance against arbitrary fines without adherence to the law.

The court highlighted that the NBC’s role as a complainant and a judge in its own matter is contrary to legal procedures. It was recognized that the Nigeria Broadcasting Code, as a subsidiary legislation, empowers the NBC to enforce its provisions but does not confer judicial powers to impose criminal sanctions such as fines.

Additionally, the court affirmed that the commission, not being the Nigerian police, lacks the authority to conduct criminal investigations leading to trials and sanctions.

The doctrine of separation of powers was cited as a crucial consideration, aiming to prevent the concentration of excessive power in a single organ. Justice Omotosho criticized the respondent’s actions as excessive, as the NBC had assumed both judicial and executive powers.

The case was initiated by the Incorporated Trustees of Media Rights Agenda, who filed a motion challenging the NBC’s sanctions procedure as a violation of natural justice and the right to fair hearing under the Nigerian Constitution and the African Charter on Human and Peoples Rights.

The group argued that the NBC, as the writer and enforcer of the code, held an unjustifiable position in receiving complaints, investigating them, and imposing fines for its own benefit.

Consequently, the court declared the fines imposed by the NBC as unconstitutional, null, and void, deeming them contrary to the law. A perpetual injunction was also issued, preventing the commission from imposing fines on broadcast stations in Nigeria.

This ruling establishes an important precedent, safeguarding the rights of Nigerian broadcast stations and emphasizing the need for adherence to legal procedures in imposing penalties.