The Court of Appeal sitting in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC), affirming a Federal High Court judgment that restrains the regulator from imposing fines on broadcast stations.
In a unanimous ruling delivered on Thursday, the appellate court upheld the earlier decision which nullified fines imposed on 45 radio and television stations in March 2019 over alleged breaches of the Nigeria Broadcasting Code.
The judgment represents a major victory for Media Rights Agenda (MRA), which had challenged the NBC’s authority to sanction broadcasters through monetary penalties.
The appeal arose from a May 10, 2023 ruling by the Federal High Court, presided over by Justice James Omotosho, who held that only courts of law possess the constitutional authority to impose penalties for criminal offences.
He ruled that the NBC, not being a judicial body, lacked the power to fine broadcast stations, and accordingly set aside the penalties.
The NBC had also filed a motion in July 2023 seeking to vacate the judgment on grounds of lack of jurisdiction and incomplete facts.
However, the court dismissed the application on November 23, 2023, describing it as “futile” and an afterthought, noting that the Commission failed to appear in court despite being duly served.
Delivering the lead judgment, Justice Oyejoju Oyebiola Oyewumi held that the NBC’s appeal lacked merit, stressing that the Commission could not challenge proceedings on appeal after failing to defend the case at trial.
Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo, who were also on the panel, concurred with the decision.
The case originated from a suit filed by MRA following the NBC’s March 1, 2019 announcement of N500,000 fines against 45 broadcast stations.
Meanwhile, a separate appeal by the NBC, challenging another Federal High Court judgment delivered on January 17, 2024 by Justice Rita Ofili-Ajumogobia, remains pending before the Court of Appeal.
The case concerns the nullification of N5 million fines imposed on a television station and three pay-TV platforms in 2022 over documentaries on banditry.
The appellate court heard arguments in the pending matter on March 25, 2026, and has reserved judgment.
