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The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC) seeking to overturn a Federal High Court judgment restraining it from imposing fines on broadcast stations.
In a unanimous decision delivered on Thursday, the appellate court upheld the earlier ruling which voided fines imposed on 45 radio and television stations on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.
The judgement marks a major legal victory for Media Rights Agenda (MRA), which had challenged the NBC’s powers to sanction broadcasters through monetary penalties.
The appeal stemmed from a May 10, 2023 ruling by Justice James Omotosho of the Federal High Court in Abuja, who held that only courts of law have the authority to impose fines, describing such penalties as sanctions arising from criminal liability. He ruled that the NBC, not being a judicial body, lacked the legal competence to impose fines and declared its actions unconstitutional.
Justice Omotosho had also set aside the N500,000 fines levied on the affected stations, noting that the Commission acted beyond its powers. He subsequently dismissed an application by the NBC in November 2023 seeking to overturn the judgement, describing the move as “futile” and an afterthought, especially as the Commission had failed to defend the original suit despite being duly served.
Dissatisfied, the NBC approached the Court of Appeal, arguing that the trial court lacked jurisdiction and had acted without full knowledge of the facts.
However, delivering the lead judgment, Justice Oyejoju Oyebiola Oyewumi ruled that the appeal lacked merit. She upheld the argument of the MRA that the NBC, having failed to participate in proceedings at the lower court, could not seek to challenge the outcome on appeal.
The two other members of the panel, Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo, concurred with the judgment.
The ruling represents the first of two appeals involving the NBC and the MRA over similar decisions barring the Commission from imposing fines on broadcasters.
A second appeal, filed by the NBC against a separate January 17, 2024 judgment by Justice Rita Ofili-Ajumogobia, is still pending before the Court of Appeal. That case relates to fines of N5 million imposed in 2022 on a television station and three pay-TV platforms over the broadcast of documentaries on banditry, which the NBC claimed undermined national security.
The court heard arguments in the matter on March 25, 2026, and has reserved judgment.