An Abuja division of the Federal High Court (FHC) has rejected the National Broadcasting Commission (NBC)’s motion to set aside its judgment restraining the commission from imposing fines on broadcast stations.
On Thursday, Justice James Omotosho, in his judgment, dismissed all grounds presented by the NBC, deeming them as “an afterthought.”
The judge stated that despite receiving the originating process and hearing notices leading to the judgment, the commission failed to file its defense.
He countered the NBC’s argument of non-service, noting that the court file indicates proper service on the respondent applicant (NBC), which, however, failed to file and refused to enter appearance.
Background
Media Rights Agenda (MRA) had filed a lawsuit against NBC over fines imposed on media station for alleged violation of NBC code.
MRA sought “A declaration that the sanctions procedure applied by NBC in imposing N500,000 fines on each of the 45 broadcast stations on 1 March 2019, was a violation of the rules of natural justice, among others.
On May 10, Justice Omotosho issued an order of perpetual injunction restraining NBC from imposing fines on broadcast stations in Nigeria.
The judge ruled that that the NBC, lacking the authority of a court, is not empowered to levy penalties on broadcast stations as punitive measures.
Additionally, he stated that the NBC Code, granting the commission sanctioning authority, clashes with Section 6 of the Constitution, where judicial power is vested in the court of law.
Consequently, the judge nullified the fines of N500,000 imposed on each of the 45 broadcast stations accused of violating the NBC code on March 1, 2019.
The broadcasting commission In turn filed a motion on notice seeking an order setting aside the judgment.
They averred that the judgment was reached per incuriam and without jurisdiction and that they were not served the court processes by the group.
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Court’s decision
in his judgement, the presiding judge said that the respondent applicant cannot claim it was not served the court processes.
The judge said the court file shows that services were affected on NBC however, they failed to file and refused to enter appearance.
The Judge said “A party challenging the jurisdiction of the court must do that timeously.
“These are facts the respondent applicant (NBC) ought to have brought before the court but did not avail itself of this opportunity.
“It is a futile attempt to get the court to set aside this judgment. The respondent applicant should bear the consequences of its own indolence.
“In the final analysis, it is an afterthought and belated. The application to set aside the judgment is hereby refused,” The court held.