…Restraining It from Imposing Fines on Broadcast Stations
In a unanimous decision, the Court of Appeal in Abuja today dismissed an appeal by the National Broadcasting Commission (NBC) seeking to overturn a Federal High Court’s judgment perpetually restraining it from imposing fines on radio and television stations and setting aside the fines it levied on 45 broadcast stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.
By today’s judgment, Media Rights Agenda (MRA) has won the first of two appeals between it and the NBC over two judgments of the Federal High Court, presided over by two separate judges, prohibiting the Commission from further imposing fines on broadcast stations.
In the appeal decided today, the NBC asked the Court of Appeal to overturn the judgment delivered by Justice James Omotosho on May 10, 2023, in which he ruled that fines are sanctions imposed on a person who has been found guilty of a criminal offence and that under the law in Nigeria, only courts of law are empowered to impose sanctions for criminal offences. On November 23, 2023, the judge also dismissed NBC’s July 2023 motion to set aside the judgment.
The second appeal, lodged by the NBC against a similar judgment on January 17, 2024, delivered by Justice Rita Ofili-Ajumogobia, also of the Federal High Court in Abuja, is still pending before the same court.
The court heard arguments on March 25, 2026, and has reserved judgment. In that appeal, the Commission is contesting the judge’s decision in a suit instituted against it by MRA following its 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.
Today’s Court of Appeal’s judgment arose from an earlier suit instituted against the NBC by MRA, challenging its powers to fine broadcasters, in the wake of a March 1, 2019 announcement by the Commission that it had imposed a fine of N500,000 each on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code.
Following the Commission’s failure to defend the suit, Justice Omotosho delivered judgment on May 10, 2023, ruling that fines are sanctions imposed on a person who has been found guilty of a criminal offence and that under the law in Nigeria, only courts of law are empowered to impose sanctions for criminal offences.
In setting aside the fines of N500,000 each imposed on the stations, he held that the NBC “is neither a Court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations notwithstanding what the NBC Code says,” adding that the Commission’s action violated the Constitution.
In July 2023, the NBC filed a motion before the same court asking Justice Omotosho to set aside his May 10, 2023, judgment because he lacked jurisdiction to enter the judgment and that he made his decision in ignorance of relevant facts. But the judge dismissed the motion on November 23, 2023, describing it as futile and an afterthought, as available evidence showed that the Commission was served with the court’s processes but chose not to appear before the court to defend the suit.
At the hearing of the appeal on February 4, 2026, Mr Victor Ogude (SAN), leading Mr Kehinde Wilkey, on behalf of the NBC, formally adopted his brief of argument and advanced additional submissions, after which Mr Anumnu, representing MRA, did the same.
Delivering the lead judgment, Justice Oyejoju Oyebiola Oyewumi upheld the argument of MRA’s lawyer, Mr Ezenwa Anumnu, that having failed to challenge the suit at the Federal High Court, the NBC could not now challenge it at the Court of Appeal.
She ruled that NBC’s appeal lacked merit and dismissed it.
The two other justices who sat on the panel, Justice Abba Bello Mohammed and Justice Donatus Uwaezuoke Okorowo, agreed with her.
