The National Broadcasting Commission (NBC) has taken legal action to challenge a recent judgment that restrained the Commission from imposing fines on radio and television stations. In a motion filed at a Federal High Court in Abuja, the NBC is requesting the court to set aside its earlier verdict, claiming lack of jurisdiction and ignorance of relevant facts.
The judgment, issued on May 10, 2023, was a result of a lawsuit brought by Media Rights Agenda (MRA) on behalf of lawyer Mr. Noah Ajare, questioning the NBC’s authority to impose fines on broadcasters. The lawsuit arose following the NBC’s announcement on March 1, 2019, when fines of N500,000 were imposed on 45 broadcast stations for alleged violations of the Nigeria Broadcasting Code.
In his ruling, Justice James Omotosho stated that fines should only be imposed by courts of law as sanctions for criminal offenses, emphasizing that the NBC lacked the authority to act as a judicial body. Consequently, the fines imposed on the stations were set aside, with the judge deeming the NBC’s actions as a violation of the constitution.
However, the NBC’s motion challenges the court’s finding that it was served with the originating summons and hearing notices. The Commission alleges that it was not properly served with the lawsuit that led to the judgment. Additionally, the NBC argues that MRA failed to appeal two previous decisions by the Federal High Court on the same issues and parties, opting to initiate a new lawsuit that contradicts earlier court rulings.
The NBC cites a 2021 case in which MRA challenged the constitutionality and legality of the Commission’s fine on Breeze FM radio, Adaba FM radio, and Albarka FM radio. The suit was dismissed by Justice Obiora Atuegwu Egwuatu on March 2, 2023. The Commission also refers to another lawsuit filed by seven organizations, including SERAP, CJID, and MRA, which contested the fines imposed on Channels Television, Arise Television, Africa Independent Television (AIT), and Nigeria Info 99.3. Justice Nkeonye Maha dismissed the case on April 26, 2022.
The NBC argues that the court was not aware of these previous cases and their outcomes, suggesting that the judgment may have been different had it been made aware. The motion is scheduled for a hearing on October 5, 2023, before Justice Omotosho.