The Nigerian Broadcasting Commission (NBC) cannot punish broadcasters. On May 10, 2023, Judge James Omotosho ruled in Abuja.
The Court stated that the NBC code gave the commission the jurisdiction to discipline broadcasters, while the Constitution gave the courts judicial power.
The judge also observed that the broadcasting commission could not launch a criminal investigation, trial, or punishment. He says this violates the division of powers, which prevents tyranny by concentrating authority in one body.
Judge Omotosho called the respondent’s action excessive.
NBC fined 45 broadcast stations 500,000 apiece for code violations on March 1, 2019. The Media Rights Agenda Incorporated Trustees sued the regulating authority, claiming the penalties violated natural justice.
NBC continued fining broadcasters, and NBC fined Channels TV $5 million for interviewing Labour Party vice-presidential candidate Datti Baba-Ahmed in April. According to NBC, the Baba-“outburst” Ahmed’s advising the Chief Justice of Nigeria (CJN) against swearing in President-elect Bola Tinubu was the station’s fault.
Fines for NBC
NBC also fined Arise News and TVC $2 million for allegedly broadcasting insulting statements in the run-up to the 2023 general election. The commission required payment of fines within two weeks of receiving notices, or the sentence would be graduated.
AIT, Arise TV, and Channels were fined 3 million in 2020 for their “unprofessional” coverage of the ENDSars protest.
NBC has banned many songs and music videos by popular Nigerian artists for graphic videos or filthy lyrics.
NBC has long angered media stakeholders and the public. The commission’s code has been called unconstitutional, capricious, and illegal. The Broadcasting Organisation of Nigeria (BON) criticised the NBC for acting as “accuser and judge” and imposing an illegal fine on a broadcast station without investigating the accusations or allowing the station to defend itself.
With this judgement, the NBC must go to Court before sanctioning a TV or radio station, and both sides will be heard.
