A Federal High Court in Abuja has ruled that the National Broadcasting Commission (NBC) does not have the power to impose fines on broadcast stations as punishment.
POLITICS NIGERIA reports that in a judgement delivered by Justice James Omotosho on Wednesday, the court clarified that the NBC is not a court of law.
The court set aside the N500,000 fines imposed on 45 broadcast stations across Nigeria on March 1, 2019.
The court also issued a perpetual injunction preventing the NBC from imposing fines on broadcast stations in the future. Justice Omotosho held that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vests judicial power in the court of law.
“This will go against the doctrine of separation of powers,” he said.
The judge also stated that the commission did not comply with the law when it acted as both a complainant and judge in its own matter.
Finally, he noted that the Nigeria Broadcasting Code, which 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.
