A Federal High Court in Abuja
Wednesday declared null and void the
provisions of the Nigeria Broadcasting
Code authorizing the National
Broadcasting Commission (NBC) to
impose fines on broadcast stations for
alleged breaches of the Code as it ruled
that administrative and regulatory
bodies could not exercise judicial
powers.
Delivering judgment in a suit instituted
by Media Rights Agenda (MRA)
against the NBC following the
Commission’s imposition of fines of N5 million each on a television station
and three pay TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria, Justice Rita Ofili-Ajumogobia held that the NBC not a court of law, acted above its powers by imposing such fines.
The judge commended MRA for its
legal challenge of the NBC’s action
and issued an order of perpetual
injunction restraining the Commission
or anyone acting on its behalf from
further imposing any fine on any media platform or broadcast station in Nigeria
for any alleged offence committed
under the Nigeria Broadcasting Code.
Justice Ofili-Ajumogobia set aside the
fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a
documentary about the state of banditry and security in Zamfara State, saying the regulator’s action was wrong and unjustifiable in a democratic society.
Abuja-based human rights lawyer, Mr. Uche Amulu, filed the suit on behalf of
MRA askingthe court to hold, among
other things, the NBC’s action of
imposing a fine on each of themedia
platforms and the station for
broadcasting a documentary about the state of banditryand security in
Zamfara State is unlawful and
unconstitutional and has a chilling
effect on the freedom of media to
impart information and ideas.
MRA contended that it would deter the
platforms and station from reporting
the true state of affairs regarding the
security situation inNigeria, and
therefore constitutes a violation of the
rights of MRA, its members, and other
citizens of Nigeria to freedom of
expression, particularly their rights to
receive ideas andinformation without
interference, as guaranteed by the
Constitution and the African Charter on
Human and People’s Rights.
MRA also sought a declaration that the
procedure adopted by the NBC in
imposing the finesis a flagrant
violation of the rules of natural justice
and the right to fair hearing under
Section 36 of the Constitution and Article 7 of the African Charter as the
Commission is the drafter ofthe Code, which provides for the alleged offences for which the media platforms and the
station were punished, and which
empowers the NBC to receive
complaints, investigate and adjudicate
on the complaints, impose fines and
collect fines.
MRA contended that the NBC, not
being a court of law and not having
been constituted inmanner as to secure
its independence and impartiality, has
no power or competence to impose fines on broadcast stations as punishment or penalties for the commission of an offence as the competence to establish that an offence has been committed and to impose
criminal sanctions or penalties belongs
to the courts.
Besides, it claimed,the NBC, not
being the Nigerian Police or a law
enforcement agency, hasno power to
conduct a criminal investigation or an
investigation that could lead to
criminalcharges against the affected
media platforms and stations or the
imposition of criminal penalties and accordingly, that the investigation purportedly conducted by the Commission, leading to the fines imposed on the media platforms and station for alleged offences under the Nigeria Broadcasting Code is ultra vires, null and void.
MRA also urged the Court to declare
that the Nigeria Broadcasting Code
issued by the NBC, being a subsidiary
legislation that empowers it as a
regulatory and administrative body to
enforce the provisions of the Code,
cannot confer judicial powers or
jurisdiction in criminal
matters on the Commission to impose
criminal sanctions or penalties such as
fines, particularly as the Code was
made by the NBC itself.
It urged the Court to declare the fines unconstitutional, ultra vires, null and
void, set themaside and issue an order of perpetual injunction restraining the
NBC, its servants, agents, privies, representatives or anyone acting for or on its behalf, from further imposing
any fine on any of the media platforms
or station, or any other broadcast
station in Nigeria for anyalleged
offence committed under the Nigeria
Broadcasting Code.
In her judgment, Justice Ofili-
Ajumogobia agreed with all MRA’s
arguments and granted all the
declarations and injunction sought by
the organization.
She however refused to grant the organization’s claim for N 700,000 as costs it incurred in litigating the action; another claim for N2 million as general damages for
NBC’s infringement on its rights as
well as a request for N1 million as punitive damages for the Commission’s outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations”.
