By Udeigwe Chidera.

A Federal High Court in Abuja has declared as a nullity the powers of the Nigeria Broadcasting Commission (NBC) to impose fines or sanctions of on Television and Radio stations for alleged code violations.

Delivering Judgement on Wednesday in a suit instituted by the Media Rights Agenda (MRA) against the NBC, following the Commission’s imposition of fines of N5 million each on a television station and three pay TV platforms in 2022, for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria, Justice Ofili-Ajumogobia held that the NBC, being not a court of law, acted above its powers by imposing such fines.

The Judge declared null and void the provisions of the Nigeria Broadcasting Code authorizing the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches of the Code as it ruled that administrative and regulatory bodies could not exercise judicial powers.

The judge commended MRA for challenging the NBC’s action and issued an order
of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

An Abuja-based lawyer, Uche Amulu, had filed the suit on behalf of MRA asking the court to hold, among other things, the NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas.

The groundbreaking judgment emphasizes the need to break up the NBC’s monopoly on administrative, legislative, and judicial powers. It also seeks to preserve the watchdog role of TV and Radio stations in keeping the public informed. The court’s decision reflects a growing awareness of the delicate balance between regulatory authority and media freedom.

The judgement has sparked discussions on the broader implications for regulatory practices and the evolving relationship between media entities and governing bodies. The court’s stance is a resounding call for a more nuanced approach, ensuring transparency, fairness, and the vitality of media freedom in Nigeria.