Kehinde Fajobi
The Federal High Court in Lagos has ruled that the National Broadcasting Commission (NBC) lacks the legal authority to impose fines or other sanctions on media houses, declaring such actions unconstitutional.
Justice Nicholas Oweibo delivered the judgment on 13 June 2024, following a lawsuit by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
The lawsuit challenged the NBC’s imposition of ₦5 million fines on four media outlets in 2022 over documentaries on terrorism.
Justice Oweibo stated, “The NBC and its agents lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of licence or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance.”
He further noted, “The provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code, used to sanction and intimidate independent media houses, are inconsistent with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and international human rights treaties. They are therefore null and void.”
The court granted several declarations, including setting aside the ₦5 million fines imposed on Trust TV, Multichoice Nigeria Limited, TelCom Satellite Limited, and NTA-Startimes.
Additionally, it issued a perpetual injunction restraining the NBC from imposing further sanctions or penalties on media houses.
The judgment also affirmed the standing of SERAP and CJID to bring the case, recognising it as a public interest matter.
Justice Oweibo said, “Considering the core mandates of SERAP and CJID, this is a public interest case.”
Kolawole Oluwadare, SERAP’s deputy director, called on the NBC to respect the court’s decision.
“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. Oluwadare also urged President Bola Tinubu to direct relevant agencies to implement the ruling.
SERAP and CJID had argued that the NBC’s actions violated media freedom and fundamental rights.
Their suit stated, “Fines imposed without due process are arbitrary, illegal, and unconstitutional. The documentaries in question serve the public interest, and punishing media houses for raising awareness about critical issues disproportionately impacts freedom of expression.”