Court of Appeal Voids NBC Fines on Broadcasters, Affirms Only Courts Can Impose Penalties

The Court of Appeal has upheld a previous ruling that nullified fines imposed on broadcast stations by the National Broadcasting Commission (NBC), reinforcing that only courts have the authority to issue such penalties.

Delivering the lead judgement, Oyebiola Oyewumi, speaking for a three-member panel, dismissed the NBC’s appeal and affirmed the earlier decision of the Federal High Court.

The panel, led by Abba Mohammed and including Donatus Okorowo, ruled unanimously in favour of the respondents.

Background of the Case

The case originated from a lawsuit filed in 2021 by Media Rights Agenda (MRA), which challenged the NBC’s authority to fine broadcast organisations for alleged violations of the Nigeria Broadcasting Code.

In 2019, the NBC had imposed fines of ?500,000 each on 45 media outlets.

Federal High Court Ruling Upheld

In its earlier judgement, delivered by James Omotosho in 2023, the Federal High Court ruled in favour of MRA after the NBC failed to appear in court to defend the case.

The court held that fines are criminal sanctions and, under Nigerian law, only judicial bodies—not regulatory agencies—can impose such penalties.

It further stated that the NBC’s actions were unconstitutional and exceeded its legal authority.

NBC’s Appeal Dismissed

The NBC later attempted to overturn the ruling, arguing that the court lacked jurisdiction and failed to consider key facts.

However, the appellate court rejected these claims, noting that the commission had the opportunity to present its case at the lower court but failed to do so.

Justice Oyewumi ruled that the appeal lacked merit and could not introduce fresh arguments at that stage.

Ongoing Legal Battles

This judgement marks a major legal victory for MRA in one of two ongoing cases involving the NBC.

A separate appeal—challenging another Federal High Court ruling that barred the commission from imposing heavier fines on media organisations—is still pending before the Court of Appeal.

Implications for Broadcasting Regulation

The decision reinforces judicial authority over the imposition of fines and limits the regulatory powers of the NBC, potentially reshaping how sanctions are applied within Nigeria’s media landscape.