admin
The Court of Appeal sitting in Abuja has dismissed an appeal filed by the National Broadcasting Commission (NBC), seeking to overturn a Federal High Court judgement that restrained it from imposing fines on radio and television stations across the country.
Delivering the lead judgement, Justice Oyebiola Oyewumi, on behalf of a three-member panel, upheld the earlier ruling and set aside the fines imposed by the NBC on 45 broadcast stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.
The panel was presided over by Justice Abba Mohammed, with Justice Donatus Okorowo as the third member.
According to a statement issued by the Communications Officer of Media Rights Agenda (MRA), Idowu Adewale, the unanimous decision of the Court of Appeal stemmed from a suit filed by the non-governmental organisation in November 2021, challenging the NBC’s powers to impose fines on broadcasters.
The Federal High Court, in its judgement delivered on May 10, 2023, by Justice James Omotosho, ruled in favour of MRA after the NBC failed to defend the suit.
The court held that fines are sanctions imposed on persons found guilty of criminal offences and, under Nigerian law, only courts of law have the authority to impose such penalties.
Setting aside the fines of ₦500,000 each imposed on the affected stations, Justice Omotosho stated that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations, notwithstanding what the NBC Code says.”
He added that the Commission’s actions violated the Constitution.
Dissatisfied with the ruling, the NBC filed a motion in July 2023, urging the same court to set aside the judgement on the grounds that it lacked jurisdiction and had reached its decision without considering relevant facts.
However, in November 2023, Justice Omotosho dismissed the application, describing it as futile and an afterthought, noting that available evidence showed the Commission had been duly served but failed to appear in court to defend the case.
The NBC subsequently approached the Court of Appeal in July 2024, seeking to overturn the judgement.
At the hearing on February 4, 2026, Victor Ogude (SAN), leading Mr Kehinde Wilkey for the NBC, adopted his brief of argument and made additional submissions. Counsel to MRA, Ezenwa Anumnu, also adopted his brief and responded accordingly.
In its ruling, the appellate court agreed with MRA’s position that the NBC, having failed to contest the suit at the Federal High Court, could not raise fresh challenges at the appellate level.
Justice Oyewumi held that the appeal lacked merit and accordingly dismissed it.
With this decision, MRA has secured victory in the first of two appeals involving the NBC over separate Federal High Court judgements barring the Commission from imposing fines on broadcast stations.
The second appeal, filed by the NBC against a similar judgement delivered on January 17, 2024 by Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, is still pending. The Court of Appeal heard arguments in that matter on March 25, 2026 and has reserved judgement.
In that case, the NBC is challenging a ruling arising from a suit filed by MRA after the Commission imposed fines of ₦5 million each on a television station and three pay-TV platforms in 2022 for allegedly undermining national security through the broadcast of documentaries on banditry in Nigeria.
