The Federal High Court in Abuja has ruled that the provisions of the Nigeria Broadcasting Code, granting the National Broadcasting Commission (NBC) the authority to impose fines on broadcast stations, are null and void, News About Nigeria reports.
In response to a lawsuit brought by Media Rights Agenda (MRA), the court declared that administrative and regulatory bodies, like the NBC, cannot wield judicial powers.
The judgement comes after the NBC imposed 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.
Justice Rita Ofili-Ajumogobia, who presided over the case, commended MRA for challenging the NBC’s actions and issued an order of perpetual injunction, preventing the NBC or anyone acting on its behalf from imposing fines on media platforms or broadcast stations in Nigeria.
MRA argued that the fines were unlawful, unconstitutional, and violated freedom of expression rights, as they could discourage media outlets from reporting on the true state of security affairs in Nigeria.
The court set aside the fines imposed by the NBC on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited, and NTA Startimes Limited for broadcasting a documentary about banditry and security in Zamfara State.
The court stated that the regulator’s actions were wrong and unjustifiable in a democratic society.
However, Justice Ofili-Ajumogobia declined to award the organisation the requested N700,000 in litigation costs, N2 million in general damages for NBC’s infringement on its rights, and N1 million in punitive damages for the Commission’s perceived abuse of power and arbitrary imposition of fines on broadcasting stations.
