Court dismisses NBC petition impose fines broadcast stations

Federal High Court dismisses National Broadcasting Commission's motion to set aside judgment restraining fines on broadcast stations.

A Federal High Court (FHC) in Abuja has dismissed the National Broadcasting Commission's (NBC) motion to overturn a judgment that barred the commission from imposing fines on broadcast stations in Nigeria. The judgment was delivered by Justice James Omotosho, who dismissed all the grounds put forward by the NBC, describing them as "an afterthought." He explained that despite being served with the necessary court documents and hearing notices, the commission failed to file its defense. The judge also noted that there was an affidavit confirming that court processes were served on the commission on different occasions, refuting the NBC's claim that it was not served. In May 2021, Justice Omotosho issued an order of perpetual injunction restraining NBC from imposing fines on broadcast stations and set aside the N500,000 fines imposed on 45 broadcast stations in March 2019. The judge ruled that the NBC, not being a court of law, had no power to impose sanctions on broadcast stations, and that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution, which vests judicial power in the court of law. The judgment followed a suit filed by the Incorporated Trustees of Media Rights Agenda. The group sued NBC as the sole respondent, seeking a declaration that the sanctions procedure applied by NBC was a violation of the rules of natural justice. After the judgment, NBC filed a motion seeking to set aside the default judgment, arguing that the originating motion in the suit was not served on them. However, the judge dismissed this argument, stating that the court lacked jurisdiction to reopen the case already decided. He emphasized that the service of process confers jurisdiction on the court and that the NBC failed to bring its facts before the court, allowing the court to decide on the matter. In the end, the judge refused the application to set aside the judgment, stating that the NBC should bear the consequences of its own indolence.