Court Upholds Restraining Order Barring NBC From Fining Broadcast Stations

A Federal High Court sitting in Abuja has upheld a previous judgment barring the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in the country.

Delivering judgment on the matter on Thursday, Justice James Omotosho held that the NBC Code, which gives the commission the power to impose sanctions, conflicts with Section 6 of the Constitution, which vests judicial power in the court of law.

He noted that NBC made a futile attempt to persuade the court to set aside the judgment.

Omotosho said an affidavit of facts deposed to by the court bailiff confirmed that the processes were served on the commission.

“It is a futile attempt to get the court to set aside this judgment. The respondent should bear the consequences of its indolence.

“In the final analysis, it is an afterthought and belated. The application to set aside the judgment is hereby refused.”

The Matrix reports that Media Rights Agenda had sued NBC for imposing a fine of N500,000 each on Channels, TVC, AIT, and 42 others on March 1, 2019, for allegedly flouting the provisions of the Nigerian broadcasting code.

Agreeing with MRA, Justice James Omotosho had, on May 10, given an order of perpetual injunction restraining NBC from imposing fines on broadcast stations.

The judge also set aside the N500,000 fines imposed by the commission on March 1, 2019, on each of the 45 broadcast stations alleged to have violated its code.

After the judgment was delivered, NBC filed a motion on notice through its lawyer, seeking an order setting aside the judgment, adding that the judgment was reached per incuriam and without jurisdiction.

It was this latest attempt that has now been thrown out by the court.