General
NBC Challenges Judgement Against Imposition of Fines on Broadcast Stations
By Emmanuel Udom
The National Broadcasting Commission (NBC) has challenged the judgement of a Federal High Court in Abuja, which said it has no powers to impose sanctions on erring broadcast stations in Nigeria.
Justice James Omotosho had on November 23, 2023, held that the regulator cannot be a judge in its case by imposing fines on broadcast media platforms it believes violated the broadcasting rules.
On March 1, 2019, NBC announced the imposition of a fine of N500,000 each on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code.
Angered by this, an Abuja-based lawyer, Mr Noah Ajare, on behalf of Media Rights Agenda (MRA), challenged the powers of NBC to fine broadcasters.
While delivering his judgement on the matter on May 10, 2023, Justice Omotosho held that fines are sanctions imposed on a person who has been found guilty of a criminal offence and that under the law in Nigeria, only courts of law are empowered to impose sanctions for criminal offences.
According to the judge, the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations notwithstanding what the NBC Code says,” adding that the commission’s action violated the Constitution.
On November 23, 2023, NBC asked the high court judge to set aside his earlier judgement, which was refused and NBC is challenging this at the Court of Appeal in Abuja through a four-ground notice of appeal.
In a Notice of Appeal filed on its behalf by Mr Babajide Koku (SAN), Mr Victor Ogude (SAN), Mr Kehinde Wilkey, and Ms Aanuoluwapo Babalola, the agency argued that Justice Omotosho erred in law when he refused to set aside the judgment, which the NBC alleged was demonstrated before him to have been deceitfully obtained on the ground that the NBC was indolent and ought to have objected to the substantive suit timeously.
In the particulars of error, NBC said the law confers on a court the inherent power to review and set aside its earlier judgment on grounds of fraud and deceit if those grounds are subsequently brought to its knowledge and demonstrated to exist and alleged that by failing to set aside its earlier judgment in the face of evidence of fraud, the court permitted MRA to perpetuate and/or enjoy the benefit of the fraud practised on the court.
The second ground of appeal is that the judge erred in law when he held that he would not set aside his earlier judgment because “res judicata” was not a ground for settling aside a default judgment.
By Adedapo Adesanya
The Lagos State Police Command is investigating the delivery of a parcel containing live ammunition delivered to the managing director of First Bank Nigeria, Mr Oluwasegun Alebiosu.
The Commissioner of Police, Lagos State command, Mr Tijani Fatai, confirmed the incident on Tuesday during a press briefing at the command headquarters.
He said Mr Alebiosu reported the case on May 7, noting that two rounds of 7.62mm live ammunition were sent to him through a parcel.
“The managing director reported the matter to the police after a package containing two rounds of 7.62mm live ammunition was delivered on his behalf by his security guard at his residence. The case is still under investigation, and we are treating it with the seriousness it deserves,” he said.
According to him, the parcel was first received by the bank chief’s security guard, who then handed it over to him.
The police commissioner said that operatives have launched an investigation, including forensic analysis and intelligence work, to identify the perpetrators and the circumstances of the incident.
He added that no suspect linked to the crime has been brought into custody.
“Presently, no suspect is in custody. Even though the MD has mentioned some people whom he suspected of being the brains behind it, that is his suspicion, anyway. We are still working on it,” he said.
Mr Fatai noted that detectives are reviewing information provided by the complainant, including details of individuals who may have relevant knowledge of the incident.
He assured the public that the command would keep them informed as the investigations go on, adding that the public should allow the police to carry out their duties.
By Adedapo Adesanya
The Governor of Oyo State, Mr Seyi Makinde, has approved the declaration of a 16-hour curfew in 10 local government areas of the state, as part of measures targeted at tackling insecurity.
According to a memo issued by the Secretary to the State Government, Mr Musibau Babatunde, the curfew takes effect from Wednesday, June 24, 2026.
The movement restriction, between 4 pm and 8 am, lasts for 48 hours in the first instance and affects local government areas bordering the Old Oyo National Park.
The affected local councils are Oriire local government (Headquarters: Ikoyi-Ile), Orelope (Headquarters: Igboho), Irepo (Headquarters: Kisi), Saki West (Headquarters: Saki), Saki East (Hq Ago-Amodu), Atisbo (Headquarters: Tede / Ago-Are), Itesiwaju (Headquarters: Otu), Iseyin (Headquarters: Iseyin), Olorunsogo (Headquarters: Igbeti), and Atiba (Headquarters: Offa-Meta, Oyo).
The development followed a series of protests that rocked the state over the abduction of children and teachers in the Orire Local Government Area in May.
The National Coordinator of the movement, Mr Juwon Sanyaolu, who spoke during the latest protest held on Monday, said the demonstration was part of ongoing efforts by the group to push for the freedom of the victims.
According to him, the protest “is a continuation of actions the organisation has embarked upon since the abduction of children and teachers” in the Orire Local Government Area of Oyo State in May.”
“We will continue to protest for the release of all abducted victims until they are free. We believe that government officials are in the comfort of their rooms and offices while innocent 46 students and their teachers are languishing in the kidnappers’ den.
“We are demanding freedom for all captives in the North, South, West, and East of Nigeria,” Mr Sanyaolu said.
He also criticised political leaders for focusing on preparations for the 2027 elections while insecurity continues to threaten the lives of Nigerians.
“We will not be sitting until 2027. By that time, we won’t even know how many will be alive.
“So that is why we are at the heart of Ibadan in Oyo State, where the abduction took place. The state and federal governments must act, or they will continue to witness mass action,” he added.
By Adedapo Adesanya
The Department of State Services (DSS) has closed its case against former Kaduna State Governor, Mr Nasir El-Rufai, in the ongoing alleged wiretapping trial before the Federal High Court in Abuja.
At the resumed sitting on Tuesday, prosecuting counsel, Mr Oluwole Aladedoye, informed the court that the prosecution would not be calling further witnesses in the matter, prompting the formal closure of the DSS case.
Following the development, defence counsel, Mr Paul Erokoro, told the court that the defence intends to file a no-case submission, arguing that the prosecution has failed to establish sufficient evidence against the former governor.
The defence subsequently sought two weeks to file the application, while the prosecution requested two weeks to respond.
The defence also applied for a variation of some of the bail conditions earlier granted to El-Rufai, describing them as stringent and difficult to meet.
They argued that the bail terms were too stringent, particularly the requirements for level 17 civil servants with properties in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna state traditional council.
However, the prosecution opposed the request, insisting that qualified public officers who meet the conditions exist and urging the court to refuse the application.
Delivering the ruling, Justice Joyce Abdulmalik declined the request to vary the bail conditions, ruling that there are civil servants who own properties at the said location.
The court, however, adjourned to September 22 for the filing of the no-case submission and continuation of the trial.
In February, the federal government filed a three-count charge against the former governor of Kaduna State over an alleged interception of communications belonging to Nigeria’s National Security Adviser (NSA), Mr Nuhu Ribadu.
In a television interview, he confessed that he and other unnamed individuals listened to conversations from Mr Ribadu’s phone after it was tapped by a third party. While acknowledging that such interception is technically unlawful, he argued that illegal surveillance was not unusual.
However, the FG, through the secret police, filed charges against Mr El-Rufai at the Federal High Court in Abuja.
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