A permanent injunction prohibiting the National Broadcasting Commission (NBC) from fining broadcast stations in the nation was issued by the Abuja Division of the Federal High Court on Wednesday.
Additionally, Justice James Omotosho annulled an N500,000 fine issued on each of the 45 broadcast stations nationwide on March 1, 2019.
Mr. Omotosho maintained that NBC lacked the authority to punish broadcast stations since it was not a court of law.
In addition, he claimed that section 6 of the constitution, which gave courts of law the exclusive right to exercise judicial authority, conflicted with the NBC Code, which grants the commission the authority to issue sanctions.
The judge stated that the court would not permit an entity to arbitrarily impose a fine without first consulting the law and that NBC had broken the law by sitting in court as both a complainant and a judge at the same time.
The judge concluded that the commission does not have judicial authority to impose criminal sanctions or punishments, like as fines, under the Nigeria Broadcasting Code, a subsidiary law that gives administrative bodies like the NBC the authority to implement its requirements.
He added that NBC lacked the authority to launch a criminal investigation that would result in a criminal trial and the application of sanctions because it was not the Nigerian police.
“This will go against the doctrine of separation of powers,” the judge said.
Mr Omotosho held that the doctrine sought to prevent tyranny by concentrating too much power in one organ.
“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
On March 1, 2019, NBC imposed N500,000 each on 45 broadcast stations in the country over an alleged violation of its code.
However, in an originating motion marked: FHC/ABJ/CS/1386/2021, the Incorporated Trustees of Media Rights Agenda sued NBC as the sole respondent.
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 N500,00o fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.
They, 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.
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