A federal high court in Abuja on Thursday dismissed an appeal by the National Broadcasting Commission for the court to cancel its earlier judgement that barred the regulator from imposing fines on broadcast stations in the country.
Justice James Omotosho dismissed all the grounds put forward by the NBC, describing them as “an afterthought.”
The judge said ahead of his previous ruling, the commission had failed to defend its policy of imposing fines on channels it accused of violation.
He said contrary to the NBC’s argument that it was not served with court processes that led to the judgement, “the court file shows that services were effected on the respondent applicant (NBC) but failed to file and refused to enter appearance.”
Behind the news
On May 10, Justice Omotosho issued an order of “perpetual injunction” against the NBC and dismissed a N500,000 fine the regulator had asked 45 broadcast stations pay.
Nigerian television and radio stations frequently face stringent sanctions from the NBC for airing reports the government vaguely categorises as “hate speech” or claims could stir unrest.
Critics accuse the NBC of lacking the powers to suspend broadcast channels or fine them, questioning its authority to accuse, prosecute and judge.
In his ruling, Justice Omotosho said the commission lacked the power to investigate and impose sanctions, saying those powers belong to the police and the courts.
The suit, which was filed by the Incorporated Trustees of Media Rights Agenda, a Lagos-based non-profit in 2019, was a big win for media freedom.
What’s new?
The NBC, dissatisfied after being stripped of its favourite regulatory stick, went back to the same court and asked it to reverse itself on the grounds that the agency was not informed of the case to defend itself.
The NBC’s lawyer Babatunde Ogala also argued that the court lacked jurisdiction to hear the case.
Justice Omotosho said the court instead lacked powers to reopen a case it already decided.
The judge gave scenarios in which a court can set aside its judgement to include when the judgement was obtained by fraud, when a party was not served to give its defence, and when it was a nullity.
“In the final analysis, it is an afterthought and belated. The application to set aside the judgment is hereby refused,” the judge declared.
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