The National Broadcasting Commission (NBC) has said it would appeal the judgment of a Federal High Court in Abuja which restrained it from imposing fines on broadcast stations.
Justice James Omotosho ruled recently in a suit filed by the Incorporated Trustees of Media Rights Agenda (MRA) that the NBC lacked the power to impose fines on broadcast stations.
Omotosho voided the N500,000 penalty imposed on 45 broadcast stations on March 1, 2019 on the grounds that NBC, not being a court of law, lacked such power.
According to the court, the NBC Code which vested the commission with the power to impose a sanction, was in conflict with Section 6(6) of the 1999 Constitution, as amended, which leaves such powers on the court of law.
In reaction, the Director-General of NBC, Balarabe llelah, said the commission had applied for a copy of the judgment.
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Ilelah said in a statement on Friday that the NBC would appeal against the judgment when found to be in conflict with previous judgments of the court, which “empowers the commission to regulate broadcasting in Nigeria.”
The statement said, “The attention of the National Broadcasting Commission has been drawn to a ruling by the Federal High Court, Abuja nullifying the powers of the Commission to impose fines on broadcast Stations that violate the provisions of the Nigeria Broadcasting Code.
“In view of the foregoing, the Commission has applied for a Certified copy of the judgment.
“It is global best practice and the ethics of the Legal profession, that no party to a suit can freely comment on a judgment it has not seen and read.
“The Commission will appeal against the judgment when found to be in conflict with previous judgments of the Court, which empowers the Commission to regulate broadcasting in Nigeria.”