Article Summary
- NBC did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
- NBC code is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.
- The judge ruled that NBC imposing fines is unconstitutional.
A Federal High Court Abuja, on Wednesday placed an order on the Nigerian Government through the National Broadcasting Commission (NBC) from imposing fines, on broadcast stations in Nigeria.
The ruling was handed by Justice James Omotosho, citing that NBC is not a court and had no power to impose sanctions as punishment on broadcast stations.
The Justice also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
Sanctions
In the report by the News Agency of Nigeria, Justice Omotosho held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
They revealed he held that the NBC Code, which gives the commission the power to impose a sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law, they said:
- “Justice James Omotosho, in a judgement, also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
- “He said the court would not sit idle and watch a body imposing fine arbitrarily 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 own matter.
Broadcasting code
The report said the Justice noted 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.
He added that the NBC, not being Nigerian police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions, he said:
- “This will go against the doctrine of separation of powers,”.
- “The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.
Backstory
NBC, on March 1, 2019, imposed the sum of N500,000 each on 45 broadcast stations in the country over an alleged violation of its code.
However, the Incorporated Trustees of Media Rights Agenda had, in an originating motion marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.
In the motion dated Nov. 9, 2021, by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.
“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.”
Agreed, NBC does not has the standing nor leg to engage criminal investigation and criminal sanctions.
However, as rightly note, as an administrative body duly clothed with derived legislation, surely, NBC can and should impose (administrative penalties) such as fines.
If not, as the ruling is purported to be, as reported, then we are heading for a banana republic: lastma, frsc, practically fines (penalties) of organ of states!