January 17, (THEWILL) – The Federal High Court, Abuja has issued an order of perpetual injunction restraining the National Broadcasting Commission (NBC) or anyone acting on its behalf from imposing a fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.
Justice Rita Ofili-Ajumogobia issued the restraining order on Wednesday, while delivering judgment in a suit instituted by the Media Rights Agenda (MRA) against the NBC.
An Abuja-based lawyer, Uche Amulu, had filed the suit on behalf of MRA after the NBC imposed a fine of N5 million each on a television station and three pay-TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria.
MRA had prayed to declare among others, that the NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas.
It contended that the imposition of fines by NBC would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore, constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.
MRA further argued that the procedure adopted by the NBC in imposing the fines was a flagrant violation of the rules of natural justice and the right to a fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.
In its ruling on Wednesday, the court declared null and void the provisions of the Nigeria Broadcasting Code authorising the NBC to impose fines on broadcast stations for alleged breaches of the Code.
According to Justice Ofili-Ajumogobia, the NBC, being not a court of law, acted above its powers by imposing such fines, adding that administrative and regulatory bodies could not exercise judicial powers.
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