Imposition of fines on broadcast stations in Nigeria stopped by court
A Federal High Court sitting in Abuja, has given an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in Nigeria.
In the judgement, Justice James Omotosho also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
Justice Omotosho held that the NBC, not being a court of law, has no power to impose sanctions as punishment on broadcast stations.
He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law and the Courts.
He 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 Nigeria police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
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