In a lawsuit brought forth by the Media Rights Agenda (MRA) against the NBC, the court addressed fines of N5 million imposed on a television station and three pay TV platforms in 2022 for allegedly jeopardizing Nigeria’s national security by broadcasting documentaries on banditry.

Justice Ofili-Ajumogobia ruled that the NBC, lacking the status of a court of law, overstepped its authority by imposing such fines. The judgment nullified the Nigeria Broadcasting Code provisions that granted the NBC the right to fine broadcast stations for purported Code breaches, emphasizing that administrative and regulatory bodies cannot exercise judicial powers.

Commending MRA for challenging the NBC’s actions, the judge issued a perpetual injunction, restraining the Commission or its representatives from imposing any further fines on media platforms or broadcast stations in Nigeria for alleged offenses under the Nigeria Broadcasting Code.

Abuja-based lawyer Uche Amulu, representing MRA, filed the suit, asserting that the NBC’s fines for broadcasting a documentary on banditry in Zamfara State were unlawful and unconstitutional, adversely impacting media freedom.

MRA argued that these fines could deter platforms and stations from reporting the true state of Nigeria’s security situation, violating citizens’ rights to freedom of expression, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

Furthermore, MRA sought a declaration that the NBC’s procedure in imposing fines flagrantly violated natural justice rules and the right to a fair hearing, asserting that the NBC, as the drafter of the Code, had conflicting roles in the process. The Code grants the NBC authority to receive complaints, investigate, adjudicate, impose fines, and collect them.