A Federal High Court sitting in Abuja, yesterday, barred the National Broadcasting Commission, NBC, from imposing fines on erring broadcast stations in the country.
The court, which described NBC’s action as illegal, voided the N500,000 fine the commission imposed on 45 broadcast stations on March 1, 2019.
The court also restrained NBC from further imposising fines on broadcast stations in the country.
The court gave judgment in a suit by Incorporated Trustees of Media Rights Agenda, MRA, which had challenged the powers of NBC to impose fine on broadcast stations in the country.
Meanwhile, the Nigerian Guild of Editors, NGE, has commended the court for restraining NBC, from imposing fines on broadcast stations in the country.
Trial judge, Justice James Omotosho, held that the commission, not being a court of law, lacked power to impose sanctions on any broadcast station.
The court held that the NBC Code, which imbued the commission with the power to impose sanction, was in conflict with Section 6(6) of the 1999 Constitution, as amended, which vested such judicial powers on the court of law.
Justice Omotosho said the court would not sit idle and watch a non-jurisic body, arbitrarily impose fine without recourse to the due process of the law. He held that the NBC Code, being a subsidiary legislation that empowered an administrative body such as the commission to enforce its provisions, could not confer judicial powers on the commission to impose criminal sanctions or penalties, such as fines.
The court held that the NBC, not being a security agency such as the Nigeria Police Force, was bereft of the power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions. Justice Omotosho held that allowing the NBC to continue to impose sanctions on alleged erring broadcast stations, would amount to a deliberate breach of the doctrine of separation of powers.
He held that the essence of the doctrine was to prevent tyranny that could arise from the concentration of too much powers on one organ of the government. “The action of the respondent qualifies as excessiveness as it had ascribed to itself the judicial and executive powers,” the court added.
Consequently, apart from declaring the imposition of monetary sanctions by the NBC, as illegal, the court, voided the N500,000 fine the Commission imposed on 45 broadcast stations on March 1, 2019.
MRA had argued in the suit that the unilateral action the NBC took against the 45 media outfits in 2019, was not only against the rules of natural justice but also in violation of rights of the broadcast station to fair hearing as enshrined under Section 36 of the 1999 Constitution, as amended, and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
NGE greets court over order against NBC
In a statement by its President, Mustapha Isah and the General Secretary, Dr. Iyobosa Uwugiaren, yesterday, the Guild said: “Justice Omotosho’s ruling on Wednesday vindicated our consistent position over the years that the NBC cannot be the accuser, the investigator and the judge on matters relating to alleged breach of the Broadcast Code.
“Our position has always been that an independent body or institution should be the one to examine any perceived infraction by the broadcast stations, which should be given the opportunity to defend themselves.
The court is right in its ruling – by saying that it would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.” the Guild stated.
The umbrella body of all the editors in Nigeria reiterated its earlier resolution to engage the incoming government and other stakeholders over the NBC Act and the Broadcast Code of Conduct with the aim to amend and reform them to conform to the global best practices.
