A fresh ruling from the Court of Appeal in Abuja has reinforced limits on the National Broadcasting Commission’s power to impose fines on media organisations.
The Court dismissed an appeal filed by the National Broadcasting Commission (NBC), upholding a judgment that barred the regulator from imposing fines on broadcast stations.
A three-member panel led by Justice Oyejoju Oyewumi ruled that the appeal lacked merit, with Justices Abba Bello Mohammed and Donatus Uwaeze Okorowo concurring in the decision.
In a unanimous ruling, the court held that the NBC could not properly challenge the earlier judgment at the appellate level after failing to contest key aspects of the case at the Federal High Court.
The dispute traces back to sanctions imposed by the NBC in March 2019 on 45 broadcast stations over alleged breaches of the broadcasting code during the general elections, with each station fined 500,000 naira.
The move was challenged by Media Rights Agenda (MRA), which argued that the NBC acted outside its legal powers and violated constitutional guarantees of fair hearing.
MRA asked the court to declare the fines unconstitutional and null, insisting that the regulator had no judicial authority to impose penalties.
In May 2023, the Federal High Court in Abuja ruled in favour of the organisation, holding that the NBC lacked the power to impose fines on broadcast stations.
Delivering judgment, Justice James Omotosho held that the commission improperly acted as “complainant, judge, and enforcer” in sanctioning the affected stations.
Following that ruling, the NBC proceeded to the Court of Appeal, but its challenge has now been struck out in the first of two related appeals.
According to MRA, the ruling represents a major step in ongoing legal battles over the NBC’s powers, particularly regarding sanctions imposed on media organisations.
The second appeal, which challenges another Federal High Court decision delivered in January 2024, is still pending before the Court of Appeal, with judgment reserved.
