High Court Bars NBC From Imposing Fines, Harassing Broadcast Stations

The Federal High Court in Lagos has prohibited the National Broadcasting Commission (NBC) from imposing fines, sanctions, or any form of harassment on independent media houses, delivering a significant verdict in favour of press freedom. 

A press statement released on Sunday by the deputy director of the Socio-Economic Rights and Accountability Project (SERAP), Kolawole Oludare, revealed that Justice Nicholas Oweibo declared that the NBC has no legal authority to unilaterally impose penalties, including fines, suspension, or license withdrawal, under the NBC Act or the Nigerian Broadcasting Code.

He further ruled that such actions violate constitutional protections for freedom of expression, access to information, and media independence. 

The judgment followed a lawsuit filed by SERAP and the Centre for Journalism Innovation and Development (CJID). They had challenged the NBC’s decision in 2022 to impose a ₦5 million fine on Trust TV, Multichoice Nigeria Limited, NTA-Startimes, and Telcom Satellite Limited. The fines were issued after the stations aired a BBC documentary titled “Bandits Warlords of Zamfara,” which the NBC alleged glorified terrorism and violated national security. 

In his ruling, Justice Oweibo stated, “The act of the Defendants imposing a fine of ₦5 million each on the independent media houses is unlawful, inconsistent with, and amounts to a breach of the principles of legality, necessity, proportionality, and therefore a violation of the rights to freedom of expression, access to information, and media freedom.” 

He further held that SERAP and CJID had the legal standing to bring the case, emphasising the public interest in the matter. The court dismissed objections from the NBC’s counsel and granted several declarations and reliefs, including; The nullification of the ₦5 million fines imposed on the media houses; An injunction restraining the NBC from using the Broadcasting Code to unilaterally sanction or harass media outlets; A declaration that the relevant provisions of the NBC Act and Broadcasting Code are inconsistent with sections of the Nigerian Constitution and international human rights treaties to which Nigeria is a party. 

The court underscored that the imposition of fines or other penalties without judicial oversight violates constitutional principles such as nemo judex in causa sua (no one should be a judge in their own case) and audi alteram partem (the right to a fair hearing). 

Oluwadare welcomed the judgment, urging the NBC to comply with the ruling. He also called on President Bola Tinubu to direct the Ministry of Information and Culture and the Attorney General to ensure immediate implementation. 

“The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression, and media freedom in Nigeria,” Oluwadare stated. 

SERAP and CJID had argued that the NBC’s actions were arbitrary and unconstitutional, pointing out that the fines were criminal sanctions that only a court could impose. They maintained that airing documentaries addressing terrorism and banditry was in the public interest and essential for raising awareness about national security challenges. 

Justice Oweibo’s ruling strengthens protections for press freedom in Nigeria, affirming the judiciary’s role in upholding constitutional and international guarantees for free expression and access to information.

The case sets a critical precedent against arbitrary regulatory actions targeting independent media.

Oziom Samuel-Ugwuezi

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