KanyiDaily recalls that on May 10, a Federal High Court in Abuja restrained NBC from imposing fines and set aside prior fines on 45 broadcast stations.
The presiding judge, James Omotosho, said the NBC lacked judicial powers to impose penalties, noting that the commission’s action was “against the doctrine of separation of powers”.
Omotosho voided the N500,000 penalty imposed on 45 broadcast stations on March 1, 2019 on the grounds that NBC, not being a court of law, lacked such power.
The judge held the court would not sit idle and watch a non-juristic body, arbitrarily impose a fine without recourse to the due process of the law.
Reacting to the court judgement, the NBC in a statement issued on Friday by its Director General, Balarabe Shehu llelah, said it had applied for a Certified copy of the judgment.
Ilelah said the commission would appeal against the judgment when found to be in conflict with previous judgments of the court, which “empowers the commission to regulate broadcasting in Nigeria.”
The statement reads, “The attention of the National Broadcasting Commission has been drawn to a ruling by the federal high court, Abuja nullifying the powers of the commission to impose fines on broadcast stations that violate the provisions of the Nigeria broadcasting code.
“In view of the foregoing, the commission has applied for a certified copy of the judgment. It is global best practice and the ethics of the legal profession, that no party to a suit can freely comment on a judgment it has not seen and read.
“The commission will appeal against the judgment when found to be in conflict with previous judgments of the court, which empowers the commission to regulate broadcasting in Nigeria.”
This comes a few weeks after the National Broadcasting Commission (NBC) slammed a N5million fine on Channels Television over a recent interview.
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