Court of Appeal Upholds Federal High Court Ruling, Bars NBC from Fining Broadcast Stations

In a unanimous judgment on Thursday, the Court of Appeal in Abuja dismissed the National Broadcasting Commission’s (NBC) appeal seeking to overturn a Federal High Court ruling that permanently restrained it from imposing fines on radio and television stations.

The ruling marks a legal victory for Media Rights Agenda (MRA), which had challenged NBC’s authority to levy fines on broadcasters, arguing that only courts have the power to impose sanctions for criminal offences.

The appeal followed a series of fines NBC imposed on 45 broadcast stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code. Justice James Omotosho of the Federal High Court had ruled on May 10, 2023, that NBC “is neither a Court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations,” effectively setting aside the fines.

NBC had previously filed a motion to set aside the High Court judgment in July 2023, which was dismissed in November 2023. In the latest appeal, NBC argued that the High Court ruling was delivered without proper consideration of facts, but the Court of Appeal found the arguments without merit.

“Having failed to challenge the suit at the Federal High Court, the NBC cannot now seek to overturn the judgment at the Court of Appeal,” Justice Oyejoju Oyebiola Oyewumi ruled, with the two other justices concurring.

A second appeal by NBC against a similar High Court ruling on January 17, 2024, remains pending. That case involves fines imposed in 2022 on a television station and three pay-TV platforms for allegedly broadcasting content that undermined national security.

The Court of Appeal decision has been hailed by media rights advocates as a reaffirmation of press freedom and a reminder that regulatory authorities must operate within the bounds of Nigerian law.