The National Broadcasting Commission (NBC) has asked the court to dismiss the order barring the agency from imposing fines on broadcast stations.
On May 10, a federal high court in Abuja ruled that the NBC does not have the powers to impose penalties on broadcast stations.
James Omotosho, the presiding judge, set aside fines imposed on 45 broadcast stations by NBC.
WHAT LED TO THE COURT ORDER?
On March 1, 2019, NBC sanctioned 45 broadcast stations over alleged ethical infractions during the general election.
Is’haq Kawu, then director-general of the commission, said the affected media houses were fined N500,000 each for flouting the provisions of the Nigerian broadcasting code.
He said the sanctioned stations from across the country included Channels Television, TVC, AIT, and NTA.
Displeased with the fines, the Media Rights Agenda (MRA) sued NBC, stating that the action of the commission violated the right to fair hearing under section 36 of the 1999 constitution (as amended) and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
MRA had asked the court to declare the fines unconstitutional and null.
‘THE COURT WAS MISLED’
In a suit filed by Babatunde Ogala, NBC counsel, the commission said the court reached its decision in “ignorance of relevant facts”.
NBC also claimed that MRA has “two un-appealed, subsisting and binding decisions of the federal high court on the same issues and parties”.
The commission added that the media group brought a fresh suit before the court, instead of appealing previous rulings.
NBC accused MRA of trying to set the court on a collision course with other courts.
Omotosho has scheduled hearing of the motion for October 5, 2023.