The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC) challenging a Federal High Court decision that barred it from imposing fines on broadcast stations.
A three-member panel affirmed the earlier judgement and nullified the penalties of ₦500,000 each imposed by the NBC on 45 radio and television stations on March 1, 2019, over alleged violations of the Nigeria Broadcasting Code.
According to a statement issued by the Communications Officer of Media Rights Agenda (MRA), Idowu Adewale, the unanimous decision of the panel presided over by Justice Abba Mohammed stemmed from a suit filed by the non-governmental organisation in November 2021, challenging the NBC’s powers to impose fines on broadcasters.
In its May 2023 judgement, the Federal High Court, presided over by Justice James Omotosho, ruled in favour of MRA after the NBC failed to appear and defend the case.
The court held that fines are criminal sanctions that can only be imposed by a court of law, stressing that the NBC, not being a judicial body, lacked the power to penalise broadcasters in that manner.
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Efforts by the NBC to overturn the judgement at the lower court were unsuccessful, as Justice Omotosho, in November 2023, dismissed its application, describing it as belated and without merit.
The Commission subsequently appealed the decision in July 2024, but the appellate court upheld MRA’s arguments that the NBC could not introduce fresh issues on appeal after failing to contest the case at the trial stage.
In a unanimous decision, the panel held that the appeal was unmeritorious and dismissed it accordingly.
Meanwhile, a separate appeal by the NBC against another Federal High Court ruling delivered on January 17, 2024, by Justice Rita Ofili-Ajumogobia, is still pending. The Court of Appeal heard arguments in that matter on March 25, 2026, and reserved judgement.
Editor: Ebuwa Omo-Osagie
