A Federal High Court in Abuja has prohibited the National Broadcasting Commission (NBC) from further imposing fines on broadcast stations.
The Presiding judge, James Omotosho, in a ruling, said NBC does not have judicial powers to impose penalties on alleged erring broadcast stations.
Omotosho nullified the N500,000 fines imposed by the NBC on 45 broadcast stations on March 1, 2019.
On March 1, 2019, NBC sanctioned 45 broadcast stations over alleged ethical infractions during the general election.
Displeased with the fines, the Media Rights Agenda (MRA) sued NBC, citing that the action of the commission violated the right to a fair hearing under Section 36 of the 1999 constitution (as amended).
MRA had asked the court to declare the fines unconstitutional and null.
Judge Omotosho said the commission acted as the complainant, court, and judge when it acted on the alleged infractions.
He said the commission is not the Nigeria Police Force (NPF) which has the power to conduct a criminal investigation, adding that NBC’s action is “against the doctrine of separation of powers”.
The judge held that the NBC Code, on which the commission relies to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
