Court bars Nigerian Broadcasting Commission (NBC) from imposing fines on broadcast stations

The Nigerian Broadcasting Commission (NBC)  has been barred from imposing fines on broadcast stations. This occurred after a ruling in Abuja on May 10, 2023, which was presided over by Justice James Omotosho. 

According to the ruling, NBC had no energy to sanction broadcast organisations and whereas the NBC code grants the fee the ability to impose a sanction, it conflicted with the structure, which conferred judicial energy within the court docket of legislation. 

Other issues the choose famous included the truth that the broadcasting fee had no energy to conduct a legal investigation that might result in a legal trial and imposition of sanctions. According to him, this goes towards the doctrine of separation of powers, which is in place to forestall tyranny by concentrating an excessive amount of energy within the fingers of 1 physique.

“The action of the respondent qualifies as excessiveness,” Justice Omotosho stated.

On March 1, 2019, NBC imposed a superb of ₦500,000 every on 45 broadcast stations within the nation over an alleged violation of its code. This prompted the Incorporated Trustees of Media Rights Agenda to sue the regulatory physique, calling the sanction a violation of the foundations of pure justice.

That was not the final time NBC doled out hefty fines to broadcast organisations. In April, NBC imposed a ₦5 million superb on Channels TV for interviewing the vice-presidential candidate of the Labour Party, Datti Baba-Ahmed. According to NBC, the station was complicit within the “outburst” of the Baba-Ahmed, who suggested the Chief Justice of Nigeria (CJN) towards swearing in President-elect Bola Tinubu.

NBC’s unfine historical past of fines

NBC additionally imposed ₦2 million fines on broadcast stations Arise News and TVC for alleged breach of nationwide broadcasting codes within the countdown to the 2023 common election, saying that the stations allowed derogatory feedback to be broadcast. The fee demanded that cost of the fines ought to be inside two weeks of the receipt of the letters or the sanction could be graduated. 

In 2020, three broadcast stations, AIT, Arise TV, and Channels had been additionally fined ₦3 million for his or her “unprofessional” protection of the ENDSars protest.

Popular Nigerian artistes have additionally met the fury of NBC because the fee has banned a number of songs and music movies for causes like express movies or vulgar lyrics.

Media stakeholders and most people have expressed their dissatisfaction with the actions of NBC for a very long time now. The fee’s code has repeatedly been accused of being unconstitutional, arbitrary and illegal. In an announcement issued by the Broadcasting Organisation of Nigeria (BON), the NBC was condemned for performing as each “accuser and judge” and imposing an unlawful superb on a broadcast station with out using all avenues to research the complaints nor give room for defence from the station accused.

Following this ruling, the NBC will henceforth have to interact the judicial system earlier than sanctioning a TV or radio station, and either side will likely be granted a good listening to.