TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court Nullifies Broadcasting Codes Empowering NBC To Fine Media Houses

The Citizen by The Citizen
January 17 2024
in Latest News
A A
0
Court sentences four to death for armed robbery

A Federal High Court in Abuja has declared null and void the provisions of the Nigeria Broadcasting Code authorising the National Broadcasting Commission, NBC, to impose fines on broadcast stations for alleged breaches of the Code.

The Court on Wednesday ruled that administrative and regulatory bodies could not exercise judicial powers.

Delivering judgment in a suit instituted by Media Rights Agenda (MRA) against the NBC following the Commission’s imposition of fines 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, Justice Rita Ofili-Ajumogobia held that the NBC not being a court of law, acted above its powers by imposing such fines.

The judge commended MRA for its legal challenge of the NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

Justice Ofili-Ajumogobia set aside the fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State, saying “the regulator’s action was wrong and unjustifiable in a democratic society.”

Abuja-based human rights lawyer, Mr. Uche Amulu, filed the suit on behalf of MRA asking the court to hold, among other things, 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. MRA contended that it 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 also sought a declaration that the procedure adopted by the NBC in imposing the fines is a flagrant violation of the rules of natural justice and the right to 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.

MRA contended that the NBC, not being a court of law and not having been constituted in a manner as to secure its independence and impartiality, has no power or competence to impose fines on broadcast stations as punishment or penalties for the commission of an offence as the competence to establish that an offence has been committed and to impose criminal sanctions or penalties belongs to the courts.

Besides, it claimed, ‘the NBC, not being the Nigerian Police or a law enforcement agency, has no power to conduct a criminal investigation or an investigation that could lead to criminal charges against the affected media platforms and stations or the imposition of criminal penalties and accordingly, that the investigation purportedly conducted by the Commission, leading to the fines imposed on the media platforms and station for alleged offences under the Nigeria Broadcasting Code is ultra vires, null and void.”

MRA also urged the Court to declare that the Nigeria Broadcasting Code issued by the NBC, being a subsidiary legislation that empowers it as a regulatory and administrative body to enforce the provisions of the Code, cannot confer judicial powers or jurisdiction in criminal matters on the Commission to impose criminal sanctions or penalties such as fines, particularly as the Code was made by the NBC itself.

It urged the Court to also declare the fines unconstitutional, ultra vires, null and void, set them aside and issue an order of perpetual injunction restraining the NBC, its servants, agents, privies, representatives or anyone acting for or on its behalf, from further imposing any fine on any of the media platforms or station, or any other broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

In her judgment, Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the declarations and injunction sought by the organization.

She however refused to grant the organization’s claim for N700,000 as costs it incurred in litigating the action; another claim for N2 million as general damages for NBC’s infringement on its rights as well as a request for N1 million as punitive damages for the Commission’s “outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations.” VON

Previous Post

UK Court to repatriate $9m stolen under past governments

Next Post

Nigeria Police Launches Special Intervention Squad To Tackle Kidnapping

Related Posts

BREAKING: Labour begins nationwide strike Monday over new minimum wage
Headlines

NLC draws battle line with FG, gives 14-day ultimatum on petrol, wages

October 9 2026
Atiku faults Tinubu over cash transfer programme
Latest News

‘Election Package’: Atiku taunts Tinubu over 30-day fuel discount

October 9 2026
Nigerians need affordable fuel – Punch
Headlines

FG unveils 10 measures to cushion impact of rising petrol prices

October 9 2026
NAF helicopter makes ‘precautionary landing’ in Benue
Latest News

NAF helicopter makes ‘precautionary landing’ in Benue

October 9 2026
Fuel stations to operate longer hours to aid petrol supply
Headlines

FG offers 30-day petrol discount through NNPC

October 9 2026
Abducted corps members in Imo regain freedom
Headlines

Abducted corps members in Imo regain freedom

October 7 2026
Next Post
Police probe Lagos lovers’ death inside vehicle

Nigeria Police Launches Special Intervention Squad To Tackle Kidnapping

Pres. Tinubu presents N27.5tr budget to National Assembly

President Tinubu Swears-In RMAFC Commissioner, Akawor

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

GLOBAL NEWS

US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

by The Editor
October 9 2026
0

...

EU provides €225,000 aid to displaced persons in Kebbi

EU provides €225,000 aid to displaced persons in Kebbi

by The Editor
October 9 2026
0

...

France braces for nationwide school protests after injuries, mass arrests

France braces for nationwide school protests after injuries, mass arrests

by The Editor
October 6 2026
0

...

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Ex-AGN president Rollas apologises to Regina Daniels, Ned Nwoko

Ex-AGN president Rollas apologises to Regina Daniels, Ned Nwoko

October 9 2026
US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

October 9 2026
Bandits kill humanitarian worker in Sokoto

Bandits kill humanitarian worker in Sokoto

October 9 2026
How herdsmen invited new terrorist group, Lakurawa, to Sokoto

Lakurawa attack kills two soldiers, Chinese in Kebbi

October 9 2026

EDITORIAL REVIEW

Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum

Tinubu’s extended absence – Punch

by The Editor
October 8 2026
0

FG secures $747m loan for Lagos-Calabar Highway

Disorder on Lagos-Calabar Highway – Punch

by The Editor
October 7 2026
0

Averting another workers’ strike – Punch

Averting another workers’ strike – Punch

by The Editor
October 6 2026
0

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.