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.

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The suspended Dean, Faculty of Law, University of Calabar, (UNICAL) Professor Cyril Ndifon has been ordered to be remanded in the Abuja Kuje Prison over alleged sexual assaults.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) arraigned Ndifon in court on four counts of alleged sexual misconduct against some of his students.

Justice James Omotosho of the Federal High Court, Abuja ordered that Professor Cyril Ndifon, the suspended Dean of Faculty of Law, University of Calabar (UNICAL), be remanded at the Kuje Centre of the Nigerian Correctional Service pending the conclusion of his bail application.

According to the Commission’s Spokesperson, Mrs. Azuka Ogugua, in a statement said, “The Professor of Law however pleaded not guilty when the charges were read to him.”

Counsel to the defendant, Okon Efut had prayed that the defendant be granted bail as the application for that had been filed on his behalf on January 2nd, 2024.

However, counsel to the ICPC, Dr. Osuobeni Ekoi Akponimisingha opposed the bail application on the ground that one of the lawyers representing the defendant, Barrister Sunny Anyanwu had allegedly threatened one of the star witnesses ICPC lined up for the trial.

In his defence, Barrister Anyanwu, who had earlier argued that the name of the said witness was not listed in the charges read, later told the court that it was the “witness” that called him.

Justice Omotosho however directed Barrister Anyanwu to file his affidavit of fact within 48 hours over the threat allegation of ICPC witness leveled against him.

He also ruled that the defendant, Professor Cyril Ndifon, be remanded at the Kuje Correctional Centre till the next adjourned date of hearing

Mr Ndifon, a professor of law, was indicted by an investigating panel set up by the University of Calabar after several female students accused him of sexual harassment.

The State Security Service (SSS) afterward arrested him in October and handed him over to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for prosecution.

The ICPC, on 2 November, preferred a 14-count charge against Mr Ndifon, after investigations which was later amended to four.

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