ABUJA – In a groundbreaking ruling on Wednesday, the Federal High Court in Abuja issued a perpetual injunction, prohibiting the National Broadcasting Commission (NBC) from imposing fines on broadcast stations across the country. This decision comes as a significant blow to the regulatory authority’s ability to penalize broadcasting infractions.

Justice James Omotosho delivered the judgment, setting aside the N500,000 fines that were levied against 45 broadcast stations on March 1, 2019. The court held that the NBC, lacking judicial authority, was not empowered to impose punitive measures on broadcast stations.

Citing a conflict with Section 6 of the Constitution, which reserves judicial power for the courts of law, Justice Omotosho emphasized that the court would not tolerate arbitrary fines imposed without due process. He highlighted NBC’s violation of legal procedures by simultaneously acting as a complainant, a court, and a judge in its own matters.

The judge acknowledged that while the Nigeria Broadcasting Code grants the NBC the power to enforce its provisions through administrative means, it does not confer judicial authority upon the commission to impose criminal sanctions, including fines. Furthermore, he stressed that the commission, in contrast to the Nigeria Police Force, lacks the jurisdiction to conduct criminal investigations leading to trials and the imposition of penalties.

“This would be a direct violation of the doctrine of separation of powers,” Justice Omotosho asserted, emphasizing the importance of preventing the concentration of excessive power in any one entity. He denounced the NBC’s actions as an overreach, as the commission had unilaterally assumed both judicial and executive powers.

The ruling delivers a significant blow to the NBC’s ability to penalize broadcast stations, reaffirming the court’s commitment to upholding the principles of due process and the separation of powers.

In response to the judgment, a representative from the NBC stated, “We are disappointed with the court’s decision and believe it undermines our mandate to regulate the broadcasting industry. We will carefully review the ruling and consider our options moving forward.” The representative did not comment on whether an appeal would be pursued.

Broadcast industry stakeholders and legal experts have welcomed the court’s decision, hailing it as a victory for the protection of media freedom and the promotion of a fair regulatory environment. Many have expressed hope that the ruling will foster a more balanced approach to broadcasting regulation in Nigeria, ensuring that penalties are imposed only through established legal processes.

YNaija