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.
Aduragbemi Omiyale