A Federal High Court Abuja, has restrained the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.
The order came through an order of perpetual injunction.
In a judgment, Justice James Omotosho also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
The Judge additionally held that NBC had no power to impose sanctions as punishment on broadcast stations since it wasn’t a court of law.
He maintained that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.
Justice Omotosho stressed that the court would not idly watch a body impose fines indiscriminately without recourse to the law.
He said that the NBC failed to adhere to the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
The judge agreed that the Nigeria Broadcasting Code is a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions.
He reiterated that it cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
He also agreed that the commission had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions since it wasn’t the Nigerian police.
“This will go against the doctrine of separation of powers,” he said, adding that what the doctrine sought to achieve was to avert tyranny by absorbing too many powers in one organ.
“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
Background
On March 1, 2019, NBC imposed the sum of N500,000 each on 45 broadcast stations in the country over alleged violations of its code.
However, the Incorporated Trustees of Media Rights Agenda sued the NBC as sole respondent in the suit marked: FHC/ABJ/CS/1386/2021.
The group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on stations was a violation of the rules of natural justice.
The lawyer also said that the fines violate the right to a fair hearing under Section 36 of the 1999 Constitution (as amended).
It also flouts Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC.
“It also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.” the group said.
They, consequently, sought an order setting aside the N500,000 fines allegedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.
They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”
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Court`s decision
Justice Omotosho, while delivering judgment termed the NBC’s act as being ultra vires.
He held that the fines imposed as punishment of various offences under its code were conflicting to the law and hereby declared as illegitimate, null and void.
The judge also made restrained the commission from further imposing fines on broadcast stations in the country via an = order of perpetual injunction.
