In 2022, the National Broadcasting Commission (NBC) fined a TV station and three pay TV platforms N5 million each for showing documentaries on banditry in Nigeria, citing concerns about national security.
The Media Rights Agenda (MRA) took legal action against the NBC, and Justice Rita Ofili-Ajumogobia of the Federal High Court in Abuja recently ruled against the fines.
Justice Ofili-Ajumogobia stated that the NBC, not being a court of law, exceeded its authority by imposing fines, and she declared the sections of the Nigeria Broadcasting Code allowing such fines as unlawful.
She emphasized that administrative and regulatory bodies, like the NBC, cannot exercise judicial powers.
The judge issued a perpetual injunction preventing the NBC or anyone acting on its behalf from imposing further fines on any media platform or broadcast station in Nigeria for alleged violations of the Nigeria Broadcasting Code.
The ruling praised MRA for challenging the NBC’s actions.
Uche Amulu, an attorney based in Abuja, filed the lawsuit on behalf of MRA, arguing that the NBC’s fines were illegal, unconstitutional, and had a chilling effect on media freedom.
MRA contended that such actions would hinder reporting on Nigeria’s security situation, violating freedom of expression rights guaranteed by the African Charter on Human and People’s Rights and the Constitution.
MRA also highlighted that the NBC, the same body that drafted the Code outlining the alleged offenses, violated rules of natural justice and the right to a fair hearing during the enforcement of fines.
The Code empowers the NBC to receive complaints, investigate and decide on them, impose fines, and collect fines. According to MRA, the NBC’s approach was a blatant violation of constitutional rights.
