The Court of Appeal sitting in Abuja has dismissed an appeal filed by the National Broadcasting Commission (NBC), thereby affirming an earlier judgment that restrains the regulator from imposing fines on radio and television stations across Nigeria.
The appellate court’s decision upholds a May 10, 2023 ruling of the Federal High Court, which declared that the NBC lacks the legal authority to unilaterally sanction broadcast organisations with monetary penalties.
The suit was instituted by Media Rights Agenda (MRA), a civil society organisation advocating for media freedom, which challenged the legality of fines imposed by the NBC on broadcasters.
In its judgment, the Federal High Court had issued a perpetual injunction barring the Commission from further imposing such fines, ruling that only courts of law possess the constitutional power to determine guilt and impose penalties.
The NBC had appealed the decision, seeking to overturn both the original judgment and a subsequent ruling that refused to set it aside. However, the Court of Appeal dismissed the appeal, effectively reinforcing the restriction on the Commission’s enforcement powers.
The legal dispute dates back to March 2019, when the NBC announced fines of ₦500,000 each against 45 broadcast stations for alleged violations of the Nigeria Broadcasting Code.
Media Rights Agenda subsequently filed a suit, arguing that the Commission’s actions violated the right to fair hearing and exceeded its statutory authority.
Delivering judgment in 2023, Justice James Omotosho of the Federal High Court held that the NBC is not a court of law and therefore cannot impose criminal sanctions such as fines. The court also ruled that provisions of the NBC Code granting such powers conflict with the Nigerian Constitution, which vests judicial authority exclusively in the courts.
The ruling generated mixed reactions among stakeholders. While media groups and press freedom advocates welcomed the decision as a victory for due process, some government officials argued that it could weaken regulatory oversight in the broadcasting sector.
Despite the controversy, the NBC proceeded to challenge the judgment at the Court of Appeal, culminating in the latest decision dismissing its appeal.
The appellate court’s ruling is seen as a significant development for media regulation in Nigeria, reinforcing judicial oversight over sanctions in the broadcasting industry. It also raises broader questions about the extent of powers exercisable by regulatory agencies under Nigerian law.
With the appeal dismissed, the NBC remains legally restrained from imposing fines on broadcast stations unless empowered by a court of law or through legislative amendment.
