The Court of Appeal in Abuja has unanimously dismissed the appeal filed by the National Broadcasting Commission against a Federal High Court judgment that barred the commission from imposing fines on broadcast stations.
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Delivering the lead judgment on Thursday, Justice Oyejoju Oyewumi, who led a three-member panel, ruled that the NBC’s appeal lacked merit.
The other members of the panel were Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo.
In the unanimous verdict, Justice Oyewumi held that the NBC could not validly challenge the judgment at the appellate court, having failed to contest the suit at the Federal High Court level.
The ruling effectively affirms the landmark 2023 judgment of the Federal High Court which declared that the NBC lacked judicial powers to impose penalties on broadcast stations.
The case stemmed from sanctions imposed by the NBC on March 1, 2019, when the commission, under then Director-General Is’haq Kawu, fined 45 broadcast stations ₦500,000 each for alleged ethical infractions during the general elections.
The stations were accused of flouting provisions of the Nigerian Broadcasting Code.
Media Rights Agenda dragged the NBC to court, arguing that the imposition of fines violated the right to a fair hearing as guaranteed under Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
MRA prayed the court to declare the fines unconstitutional and null and void.
In May 2023, Justice James Omotosho of the Federal High Court, Abuja, delivered a landmark judgment in favour of MRA.
He ruled that the NBC lacked judicial powers to impose penalties on broadcast stations and set aside the fines imposed on the 45 stations.
Justice Omotosho held that the NBC acted as complainant, prosecutor, and judge in its own cause, which offended the principles of fair hearing.
A statement issued by Idowu Adewale, MRA’s Communications Officer, described the Court of Appeal’s ruling as the first of two appeals filed by the NBC on the issue of fine imposition.
Adewale noted that the second appeal, filed by the NBC against a January 17, 2024 judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, is still pending, with the Court of Appeal having reserved judgment in that matter.
The 2024 judgment by Justice Ofili-Ajumogobia had nullified provisions of the Nigeria Broadcasting Code that empowered the NBC to impose fines on broadcast stations.
That case was triggered by the NBC’s imposition of ₦5 million fines each on a television station and three pay-TV platforms in 2022.
The stations were accused of undermining national security by airing documentaries on banditry in Nigeria.
Reacting to Thursday’s decision, media freedom advocates hailed the ruling as a significant victory for press freedom and the rule of law in Nigeria.
They argued that regulatory bodies like the NBC should not exercise judicial functions, and any alleged breaches should be handled by competent courts.
The NBC is yet to issue an official reaction to the Court of Appeal’s decision.
Legal observers expect the commission may consider further appeal to the Supreme Court.
This latest ruling reinforces earlier decisions by the Federal High Court that administrative regulators cannot assume the role of courts in imposing monetary penalties on media houses.
The judgment is expected to have far-reaching implications for broadcast regulation in Nigeria, potentially limiting the NBC’s sanctioning powers to non-monetary measures or requiring it to approach the courts for enforcement.
The Court of Appeal’s unanimous dismissal of the NBC’s appeal marks a significant moment in the ongoing debate about the limits of regulatory power in Nigeria.
The principle established by the courts — that a regulatory body cannot act as “complainant, prosecutor, and judge in its own cause” — has implications beyond the broadcasting sector.
For broadcast stations, the ruling provides protection against arbitrary fines imposed without recourse to due process. Any future allegations of code violations would need to be adjudicated by a competent court rather than determined unilaterally by the NBC.
For the NBC, the ruling significantly curtails its enforcement powers. The commission may need to seek legislative intervention to clarify its sanctioning authority or develop alternative enforcement mechanisms that comply with constitutional requirements.
The pending second appeal on the 2024 judgment — which struck at the very provisions of the Broadcasting Code authorising fines — will further shape the regulatory landscape for broadcasting in Nigeria.
Media rights organisations view the ruling as a vindication of the principle that press freedom cannot be undermined by regulatory bodies exercising quasi-judicial powers without constitutional authority.
The case also reinforces the importance of the right to fair hearing under Section 36 of the Constitution, which courts have consistently held applies to administrative proceedings as much as to judicial ones.
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