The Federal High Court in Lagos has directed the National Broadcasting Commission (NBC) to cease using the NBC Act and the Nigeria Broadcasting Code to impose fines or threaten penalties on media outlets in the country.
Justice Nicholas Oweibo ruled that the NBC lacks the legal authority to impose unilateral sanctions, such as fines or license suspensions, on independent media houses.
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The decision came after a lawsuit by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID). The case challenged NBC’s 2022 decision to fine Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited N5 million each. NBC accused these media outlets of airing documentaries that allegedly glorified bandit activities and undermined national security.
Justice Oweibo emphasized the legal standing of SERAP and CJID in the case, affirming their right to challenge NBC’s actions. “SERAP and CJID have demonstrated sufficient interest in this public interest case, as their core mandates align with the protection of freedom of expression and access to information,” Oweibo noted.
The court declared the imposed fines unconstitutional, stating they breached the principles of legality, necessity, and proportionality. Justice Oweibo’s judgment read: “The NBC’s actions violate sections 22, 36, and 39 of the Nigerian Constitution and international human rights treaties that Nigeria has ratified.”
The ruling also nullified the fines and issued an injunction preventing the NBC from imposing similar sanctions without court approval.
Kolawole Oluwadare, SERAP’s deputy director, urged the NBC to respect the judgment, calling for immediate compliance. “We urge President Bola Tinubu to direct relevant agencies to adhere to the court’s ruling, reinforcing the rule of law and media freedom in Nigeria,” Oluwadare said.
The lawsuit argued that penalizing media houses for documentaries highlighting security issues was unlawful and violated constitutional protections. SERAP and CJID contended that such fines without judicial recourse contravened the principle that regulatory agencies cannot act as both judge and enforcer.
They emphasized that fines must only be imposed by a court of law to ensure fairness and due process.
