The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC), affirming a Federal High Court ruling that bars the commission from imposing fines on broadcast stations.
Delivering the lead judgement, Oyebiola Oyewumi, on behalf of a three-member panel, upheld the earlier decision and nullified fines imposed on 45 radio and television stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.
The panel, presided over by Abba Mohammed, with Donatus Okorowo as a member, ruled unanimously in favour of Media Rights Agenda (MRA), which instituted the suit.
According to MRA’s Communications Officer, Idowu Adewale, the case originated from a November 2021 lawsuit challenging NBC’s authority to sanction broadcasters through fines.
In its earlier judgement on May 10, 2023, delivered by James Omotosho, the Federal High Court ruled that only courts of law have the power to impose fines, declaring NBC’s actions unconstitutional. The court also set aside the ₦500,000 penalties, stating that the commission “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations.”
The NBC’s subsequent attempt to overturn the ruling at the same court in July 2023 was dismissed in November 2023, with the judge describing the application as an afterthought, noting that the commission failed to defend the suit despite being duly served.
In its latest decision, the appellate court held that the NBC could not introduce fresh arguments after failing to contest the case at the trial stage, ruling that the appeal lacked merit.
The judgement marks a significant legal victory for MRA, securing its position in the first of two related appeals involving the NBC over its authority to fine broadcasters.
Meanwhile, a second appeal stemming from a January 17, 2024 ruling by Rita Ofili-Ajumogobia remains pending. That case involves ₦5 million fines imposed on a television station and three pay-TV platforms in 2022 over broadcasts related to banditry. The Court of Appeal has reserved judgement after hearing arguments on March 25, 2026.
