An Abuja Federal High Court today, 10 May 2023, outlaws NBC fines on Nigeria broadcast stations, describing it as “unconstitutional.”
NBC is the National Broadcasting Commission, the regulator of radio-TV broadcasting business in the country.
Judge James Omotosho ruled that NBC usurps judicial powers by arbitrarily imposing and collecting fines for breach of its rules.
Such actions, he said, violate the doctrine of the separation of powers. This doctrine limits concentrated powers in the hands of a branch of government.
Specifically, Omotosho said that NBC cannot be a complainant, a court of law, and a judge on its own matter.
He consequently restrained the agency from further imposing fines on radio and television stations. He also set aside fines of N500,000 each imposed on 45 broadcast stations by the NBC on 1 March 2019.
The courts would not allow an agency to arbitrarily impose and collect fines without recourse to the law., he said
Omotosho noted that as a subsidiary legislation, the NBC Broadcast Code empowers the agency to enforce its provisions. However, the Code cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
Additionally, the agency cannot also conduct criminal investigation that leads to criminal trial and imposition of sanctions. This function belongs to the police, the judge said.
Concentrating too many powers in an organ of government. Such powers qualify as “excessiveness,” he ruled.
Background of the Case
NBC imposed N500,000 fines on each of 45 broadcast stations on March 1, 2019, alleging violation of its code.
Trustees of Media Rights Agenda (MRA) sued the agency, arguing that the fines violae “the rules of natural justice.”
MRA counsel, Noah Ajare, also argued that the fines violate the right to fair hearing. He quoted Section 36 of the Constitution and Articles 7 of the African Charter on Human and Peoples Rights, domesticated by Nigeria, to support the submission.
MRA argued against the powers of NBC to receive complaints of alleged breaches, investigate and decide the complaints, impose sanctions, and collect fines which it uses for its own purposes.
Ajare asked the court to set the fines aside and perpetually restrain NBC from continuing with the practice.
Judge Omotosho ruled that punishments meted on broadcast stations by NBC are “unconstitutional, null and void.”
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