NBC Stop Imposing Fines On Broadcast Stations: Court Orders NBC

Post created on 4:27 pm

On Wednesday an order of restrain was given to the National Broadcasting Commission (NBC) by a Federal High Court in Abuja to stop imposing fines on broadcast stations in the country.

In a judgement set aside, Justice James Omotosho also cited the N500,000 fines imposed on 45 broadcast stations on March 1, 2019.

Justice Omotosho held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

According to the judgment, He further held that the NBC Code which gives the commission the power to impose sanctions conflicts with Section 6 of the Constitution, which vested judicial power in the court of law.

He said the court would not sit idle and watch a body imposing a fine without recourse to the law.

He said that the commission did not comply with the law when it sat as a complainant and at the same time the court and the judge on its matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

Omotosho also agreed that the commission is not the Nigeria Police Force and as such had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power on one organ.