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Court Stops NBC From Imposing Fines On TV, Radio Stations

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NBC from imposing fines on

By Adedapo Adesanya

Justice James Omotosho of the Federal High Court Abuja has given an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in the country.

Justice Omotosho also set aside the N500,000 fines imposed on each of the 45 broadcast stations on March 1, 2019.

Delivering the judgment, he described NBC’s act as being ultra vires. That is, it carried out actions taken that exceeded the scope of power given to them by Nigerian laws.

He also held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

While delivering judgement, he stated that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution, which vested judicial power in the court of law, stressing that the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.

Justice Omotosho also said that the commission did not comply with the law when it sat as a complainant and, at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that 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.

He also agreed that the commission, not being Nigerian police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

Justice Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.

NBC had, on March 1, 2019, imposed the sum of N500,000 each on 45 broadcast stations in the country over an alleged violation of its code.

In an originating summon, however, the Incorporated sued NBC as the sole respondent in the suit.

In the motion, the lawyer of the group, Mr Noah Ajare, sought a declaration that the sanctions procedure applied by NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.

The lawyer also said that the fines were in violation of the right to a fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused, was written and adopted by NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its purposes.”

They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by NBC on each of the 45 broadcast stations on Friday, March 1, 2019.

They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

He held that the fines imposed by the NBC as punishment for the commission of various offences under its code were contrary to the law and hereby declared unconstitutional, null and void.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Swedfund Puts Down $20m for Green Business Growth in Africa

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Green Business Growth

By Aduragbemi Omiyale

About $20 million has been put down by Swedfund to support efforts that limit climate change in Africa and help communities adapt to its effects.

The funds would be deployed by the Helios Climate, Energy, Adaptation and Resilience (CLEAR) Fund to back African companies that reduce emissions, strengthen resilience and create green jobs.

Swedfund’s investment is expected to contribute to significant cuts in greenhouse gas emissions and to help businesses and small farmers adapt to a changing climate.

The investment strengthens Swedfund’s work to drive a sustainable and inclusive green transition in Africa.

Africa contributes less than 3 per cent of global carbon emissions but faces some of the most severe climate impacts. At the same time, the continent’s energy demand is expected to triple by 2050.

Swedfund’s investment in Helios CLEAR will help channel capital to businesses that drive low-carbon growth in areas such as renewable energy, sustainable transport, climate-smart farming, efficient use of resources and digital climate solutions.

“By investing in this sector, we can reduce emissions, build resilience and create green jobs, all vital for sustainable growth that benefits more people.

“Africa currently receives only a small share of global climate investment, yet the potential for climate-smart business is enormous.

“Through Helios CLEAR we help build the next generation of African climate-focused businesses,” the Investment Director for Energy and Climate at Swedfund, Ms Gunilla Nilsson, stated.

Helios CLEAR Fund is a Pan African growth equity fund managed by Helios Investment Partners, one of Africa’s leading private equity firms.

The fund targets investments that deliver measurable climate mitigation and adaptation outcomes. The fund is supported by multiple development finance institutions.

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Lawmaker Alleges Alterations in Gazetted Tax Laws

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Abdussamad Dasuki

By Modupe Gbadeyanka

A member of the House of Representatives, Mr Abdussamad Dasuki, has alleged that the gazetted tax laws are different from the ones passed by the National Assembly.

Speaking on Wednesday during plenary at the green chamber, the opposition lawmaker the emphasised that content of the tax laws as gazetted was not what members of the parliament debated, voted on and passed.

In June 2025, President Bola Tinubu signed the four tax reform bills into law, becoming an act. The new laws are the Nigeria Tax Act (NTA), 2025, the Nigeria Tax Administration Act (NTAA), 2025, the Nigeria Revenue Service (Establishment) Act (NRSEA), 2025, and the Joint Revenue Board (Establishment) Act (JRBEA), 2025.

In September, they were gazetted by the federal government.

On the floor of the House yesterday, presided over by the Speaker, Mr Tajudeed Abbas, Mr Dasuki, while raising a matter of privilege, after reviewing the gazetted law and what was passed, he found out some discrepancies, appealing to the Speaker to ensure that all relevant documents, including the harmonised versions, the votes and proceedings of both chambers, and the gazetted copies currently in circulation, are brought before the Committee of the Whole for scrutiny by all members.

He warned that allowing laws different from those duly passed by the National Assembly to be presented to Nigerians would undermine the integrity of the legislature and violate constitutional provisions.

“Mr. Speaker, I will be pleading that all the documents should be brought before the Committee of the Whole.

“The whole members should see what is in the gazetted copy and see what they passed on the floor so that we can make the relevant amendment. Mr Speaker, this is the breach of the Constitution.

“This is the breach of our laws, and this should not be taken by this House,” Mr Dasuki said when rising under Order Six, Rule Two of the House Rules on a Point of Privilege.

In his remarks, Mr Abbas promised that the parliament would look into the matter.

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Mining Marshals Reclaim 90 Illegal Sites, Prosecute 300 Offenders

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Mining Marshals

By Adedapo Adesanya

Over 90 illegal mining sites have been reclaimed and 300 offenders prosecuted since the deployment of the Mining Marshals, a specialised task force established to secure Nigeria’s mineral assets.

This information was disclosed by the Minister of Solid Minerals Development, Mr Dele Alake, at the South West Leaders Conference held recently in Akure, the Ondo state capital.

He described the crackdown as a turning point in the battle against mineral theft and insecurity in mining communities.

“We created the Mining Marshals to tackle insecurity and illegal mining head-on. I’m proud to say that peace is returning to our mining fields,” he said.

According to Mr Alake, the initiative has strengthened investor confidence and improved government revenue.

“When you protect the minerals, you protect national wealth. That’s exactly what we’ve done with the Mining Marshals,” he stated.

He noted that beyond arrests and reclamations, the Marshals have restored safety in key mining corridors and curbed the activities of illegal foreign operators. “We are taking back control of our natural resources from criminal networks,” Mr Alake emphasised.

The minister reiterated the government’s commitment to maintaining the momentum through digital surveillance, stronger local intelligence, and inter-agency coordination.

“Our success proves that security is the bedrock of sustainable mining. We will keep refining this model until every site in Nigeria is safe, legal, and productive,” he added.

Launched last year, the marshals were given the mandate to stem theft and all nefarious activities around the nation’s minerals so that benefits are not extracted by the wrong people.

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