The Nigerian Guild of Editors (NGE) has commended the Federal High Court Abuja, over its order of perpetual injunctions restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations in the country.
Justice James Omotosho in his judgment, yesterday, described the NBC Act as being ultra vires on the grounds that the commission not being a court of law lacked such powers to impose sanctions on broadcast stations.
Consequently, the court held that the fines imposed by the NBC as punishment for commission of offences under its code are contrary to the law and therefore unconstitutional, null and void.
In addition, the court held that the NBC code which empowered it to impose sanctions is in direct conflict with section 6 of the 1999 Constitution that vested judicial powers in the court of law.
Justice Omotosho said the court would not sit idle and watch a body imposing fines arbitrary without recourse to the law.
He said 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 the Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
The NBC had on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.
However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.
In the motion dated November 9, 2021 by its counsel, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,000 fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.
In a statement signed by its President, Mustapha Isah and the General Secretary, Dr. Iyobosa Uwugiaren, yesterday, the Guild saluted the courage of the MRA – for testing the draconian NBC Act, saying the judgement has vindicated the position of the editors that NBC could not appropriate the constitutional responsibility of the judiciary arm of government.
“Justice Omotosho’s ruling on Wednesday vindicated our consistent position over the years that the NBC cannot be the accuser, the investigator and the judge on matters relating to alleged breach of the Broadcast Code. Our position has always been that an independent body or institution should be the one to examine any perceived infraction by the broadcast stations, which should be given the opportunity to defend themselves.”
The court is right in its ruling – by saying that it would not sit idle and watch a body imposing fine arbitrarily without recourse to the law,’’ the Guild said.