Court Rulling: NBC Has No Powers To Fine Broadcast Stations. - Liberty TV/Radio - News - Voice For All! Vision For Alll!
Publisher (A.M)
May 11, 2023
Justice Omotosho also set aside the N500,000 thousand naira fines imposed on each of the 45 broadcast stations on March 1, Delivering the judgment, he described NBC’s act as being ultra vires.
He also held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
While delivering judgement, He stated that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.
He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.
Justice Omotosho also said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.