Just In: Court Restrains NBC from Imposing Fines on Broadcast Stations
A Federal High Court Abuja, on Wednesday, gave an order of perpetual injunction to stop the National Broadcasting Commission (NBC) from imposing fines, on broadcast stations in the country.
In the judgement, Justice James Omotosho, also set aside the N500,000 fines imposed, on each of the 45 broadcast stations on March 1, 2019, on each of the 45 broadcast stations.
Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
He further held 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.
(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, “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.”
They, therefore, sought an order setting aside the N500,000 fines purportedly 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.”
Delivering the judgment, Justice Omotosho decsribed the NBC’s act as being ultra vires.
He held that the fines imposed by NBC as punishment for the commission of various offenses under its code were contrary to the law and hereby declared 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. (NAN)
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