A Federal High Court sitting in Abuja, has given an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, on broadcast stations.
The court also set aside the N500,000 fines imposed on each of the 45 broadcast stations on March 1, 2019.
Delivering the judgment, Justice James Omotosho described the NBC’s act as being ‘ultra vires’, going beyond its powers.
Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
The judge agreed 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 also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.
The NBC had, on March 1, 2019, imposed the sum of N500,000 each on 45 broadcast stations in the country over alleged violation of its code.
In an originating summon however, the incorporated sued the NBC as sole respondent in the suit.
In the motion, the lawyer of the group, Noah Ajare held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.
The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.
