The Federal High Court in Abuja issued an injunction barring the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in the country. Justice James Omotosho on Wednesday also overturned the N500,000 fine imposed on each of the 45 broadcasters on March 1, 2019.
The Judge ruled that because NBC is not a court, it cannot impose sanctions as penalties against broadcasters.
He also noted that NBC Code, which gives the Commission the power to impose sanctions, is inconsistent with Article 6 of the Constitution, which provides judicial authority for the courts.
Furthermore,
He said the court would stand by and not allow companies to arbitrarily impose fines without resorting to the law.
He said that the Commission did not comply with the law when it held its position as petitioner and simultaneously as a tribunal and Judge.
The Judge agreed that the Nigeria Broadcasting Code, 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 National Broadcasting Commission, not the Nigeria Police Force, had the power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.
Omotosho held that the doctrine sought to prevent tyranny by concentrating too much power in one organ.
“This will go against the doctrine of separation of powers,”
“The action of the respondent qualifies as excessiveness as it had ascribed to itself the judicial and executive powers,” he said.
cc: Daily Post Ng
