By Akinsuroju Olubunmi
NBC appeals Court decision on broadcast station fines.
The National Broadcasting Commission (NBC) has lodged an appeal against a Federal High Court ruling that dismissed its motion to overturn a judgment prohibiting it from imposing fines on radio and television stations.
NBC’s lead counsel, Mr. Babajide Koku (SAN), filed a four-ground notice of appeal, contesting the decision of the lower court and seeking to overturn the earlier judgment.
The case originated from a suit brought by Mr. Noah Ajare, representing Media Rights Agenda, challenging NBC’s authority to fine broadcasters. This followed the imposition of N500,000 fines on 45 broadcast stations in 2019 for alleged violations of the Nigeria Broadcasting Code.
Justice James Omotosho, in his ruling, emphasized that only courts of law have the authority to impose sanctions for criminal offenses. He noted that NBC, not being a court or judicial tribunal, cannot pronounce guilt on broadcast stations, thus violating the constitution.
In its appeal, NBC argued that Justice Omotosho erred in law by refusing to set aside the judgment, alleging deceitful procurement due to the commission’s purported indolence in raising objections promptly.
The second ground of appeal challenges the judge’s decision regarding the applicability of “res judicata” in setting aside a default judgment.
Additionally, NBC contends that the judge’s characterization of its application as an afterthought and belated attempt to challenge the court’s jurisdiction constitutes an error in law.
Lastly, NBC disputes the judge’s finding that a party victimized by a fraudulently obtained default judgment is not entitled to relief if it belatedly seeks to set aside the judgment without having previously raised the issue in its defense.
The commission argues that both the law and the rules of the Federal High Court allow parties to apply to set aside default judgments on recognized grounds.
NBC’s appeal signals its determination to challenge the court’s ruling and underscores its stance on the authority to impose fines on broadcast stations, a matter with far-reaching implications for media regulation in Nigeria.
National Broadcasting Commission NBC