May 10, (THEWILL) – The Federal High Court, Abuja, on Wednesday, declared that the National Broadcasting Commission (NBC), not being a court of law, had no power to impose fines as punishment on broadcast stations.
The ruling followed a suit filed by the Incorporated Trustees of Media Rights Agenda, against the NBC.
The organisation, in an originating motions marked: FHC/ABJ/CS/1386/2021, dated November 9, 2021, had sought a declaration that the sanctions procedure applied by the NBC in imposing N500,000 fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.
Its lawyer, Noah Ajare, argued that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
However, in its judgement on Wednesday, Justice James Omotosho, held that the fines imposed by the NBC as punishment for commission of various offences under its code were unconstitutional, null and void.
The court, therefore, made an order of perpetual injunction, restraining the commission from further imposing fines on broadcast stations in the country.
Justice Omotosho held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law; adding the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.
Omotosho said the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
“This will go against the doctrine of separation of powers”, he said.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.
“The action of the respondent qualifies as excessiveness”, as it had ascribed to itself the judicial and executive powers.
