A Federal High Court in Lagos State has stopped the National Broadcasting Commission (NBC) from using the NBC Act and the Nigeria Broadcasting Code to impose fines on media houses and broadcast stations in the country.
The court held that NBC lacks the authority to impose fines, suspensions or withdrawal of licences of media houses for promoting access to diverse information on issues of public importance.
The judgment was delivered on June 13 by Hon. Justice Nicholas Oweibo following a lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID) marked; FHC/L/CS/1486/2022. The certified true copy of the judgment was obtained last Friday.
NBC in 2022 imposed a N5m fine each on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited and TelcCom Satellite Limited, over their documentaries on terrorism in the country.
The commission claimed that the documentaries “glorify the activities of bandits, undermine national security in Nigeria, and contravene the provisions of the Nigeria Broadcasting Code.”
Delivering judgment, Justice Oweibo held that SERAP and CJID have the locus standi to institute the suit against NBC as they are allowed to interfere on issues of public interests, stating that “they are not meddlesome interlopers.”
Justice Oweibo dismissed the objections raised by NBC’s counsel and upheld SERAP and CJID’s arguments by resolving all issues in their favour.
The judge said, “A declaration is hereby made that the act of the Defendants imposing a fine of Five Million Naira each on the independent media houses is unlawful, inconsistent with, and amounts to a breach of the principles of legality, necessity, proportionality and therefore a violation of the rights to freedom of expression, access to information, and media freedom.”
Justice Oweibo also declared that “the use of the Broadcasting Code by the NBC to impose sanctions on the independent media houses for an alleged infractions without recourse to the court constitutes an infringement on the provisions of sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999 and Articles 1 and 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”
He added, “a declaration is hereby made that the Defendants lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on the independent media houses for promoting access to diverse opinions and information on issues of public importance.”
The court therefore set aside the fines imposed on the media houses and issued a restraining order against the defendants (NBC)
In a statement on Sunday, SERAP deputy director, Kolawole Oluwadare urged President Bola Tinubu to direct the NBC to obey the order of the court.
“We urge the NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgment of the Court,” he said.
“We also urge President Bola Tinubu to direct the Ministry of Information and Culture, the office of the Attorney General of the Federation and the NBC to immediately disclose the details of the Twitter agreement, as ordered by the court.”
“The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression and media freedom in Nigeria,” he added.