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