A Federal High Court sitting in Abuja, on Wednesday, May 10, gave an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.
The presiding judge, Justice James Omotosho, in a judgement, also set aside the N500,000 fines imposed on each of the 45 broadcast stations on March 1, 2019.
Justice Omotosho held that NBC, not being a court of law, has no power to impose sanctions as punishment on broadcast stations.
He declared that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
The judge said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law, adding that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
Justice Omotosho stated that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
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He said the commission, not being Nigerian police, has no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
“This will go against the doctrine of separation of powers,” the judge added.
Justice Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.
“The action of the respondent qualifies as excessiveness as it has ascribed to itself the judicial and executive powers,” he declared.
NBC had, on March 1, 2019, imposed N500,000 each on 45 broadcast stations in the country over alleged violation of its code.
However, the Incorporated Trustees of Media Rights Agenda, in an originating motion marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.
In the motion dated November 9, 2021, by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.
The lawyer added that the fines were in violation of the right to fair hearing 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.
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 NBC, “and 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, therefore, sought an order setting aside the N500,000 fines purportedly imposed by 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.”
Delivering the judgement, Justice Omotosho described the NBC’s act as being ultra vires.
He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.
The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.
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