In a major victory for press freedom, a Federal High Court in Abuja has struck down the National Broadcasting Commission’s (NBC) authority to impose fines on broadcasters. This comes after the Court declared null and void the provisions in the Nigeria Broadcasting Code that allowed such fines.
The ruling stemmed from a lawsuit filed by Media Rights Agenda (MRA) challenging the NBC’s 2022 fines on four media platforms – Multichoice Nigeria (DSTV), TelCom Satellite (TSTV), Trust-TV, and NTA Startimes – for airing documentaries on banditry in Zamfara State. MRA argued that the NBC, as a regulatory body, lacked the legal power to act as judge and jury, imposing fines that amounted to a chilling effect on media freedom.
Justice Rita Ofili-Ajumogobia, presiding over the case, agreed with MRA’s arguments, stating that administrative and regulatory bodies like the NBC cannot exercise judicial powers. She commended MRA for its legal challenge and issued a perpetual injunction barring the NBC from imposing future fines on broadcasters under the Nigeria Broadcasting Code.
Furthermore, the judge set aside the 2022 fines imposed on the four media platforms, calling the NBC’s action “wrong and unjustifiable in a democratic society.” This signifies a significant win for independent journalism and access to information in Nigeria.
Key Takeaways:
- The NBC’s ability to impose fines on broadcasters for alleged code violations is nullified.
- Court upholds principle of separation of powers, protecting media freedom from undue restrictions by regulatory bodies.
- Ruling sets a precedent for future challenges to the NBC’s powers and safeguards independent journalism.
This decision by the Federal High Court is a positive step towards a more robust and free media landscape in Nigeria. It emphasises the importance of upholding judicial authority and protecting freedom of expression, essential pillars of a healthy democracy.