NBC Seeks Fresh Appeal Against Ruling Blocking Broadcast Fines

The National Broadcasting Commission (NBC) has appealed against a Federal High Court judgement barring it from imposing fines on broadcast stations. The request follows the Appeal Court’s June 17, 2026, ruling dismissing the Commission’s earlier appeal as “fundamentally defective” and incompetent.

Filed by an Abuja-based lawyer, Mr Dapo Akinosun (SAN), the NBC is asking the Court to extend the time within which it can appeal against the January 10, 2024 judgement by Federal High Court judge Justice Rita Ofili-Ajumogobia, in a suit instituted by Media Rights Agenda (MRA) over the Commission’s imposition of fines of N5 million each on a television station and three pay TV platforms for allegedly undermining Nigeria’s national security by broadcasting documentaries about the state of banditry and insecurity in Zamfara State.

Justice Ofili-Ajumogobia ruled that the NBC’s ₦5 million fines against Multichoice Nigeria Limited, owner of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited were unlawful and unconstitutional because the Commission lacked the authority to impose them.

The NBC’s first appeal against the judgment was struck out by the Court of Appeal on June 17, 2026, on the ground that its Notice of Appeal and accompanying briefs were fundamentally defective, as they described the “Nigerian Broadcasting Commission” as the appellant instead of “National Broadcasting Commission.”

Outlining the grounds of its motion to file an appeal, the NBC said sanity in broadcasting is threatened and that the public interest will be better served if the Court grants its application.

The NBC argued that the judgment raises issues of exceptional public importance about its statutory authority to regulate broadcasting and enforce standards in Nigeria. It warned that if the proposed appeal is not heard on its merits, the existing judgment could create serious uncertainty over the Commission’s regulatory powers and its ability to carry out its legal mandate effectively.

The NBC argued that allowing Justice Ofili-Ajumogobia’s judgment to stand without appellate review could weaken the broadcasting regulatory framework and undermine consistent enforcement of the Broadcasting Code. It warned that a weaker framework could encourage non-compliance with broadcasting standards and increase the spread of false, misleading, or unverified information capable of causing public anxiety, panic, and social unrest.

It further warned that weak regulatory oversight could lead to irresponsible broadcasting and the misuse of broadcast and digital platforms by those who publish sensational, inaccurate, or inflammatory content to intimidate, harass, or unduly influence individuals, institutions, and public discourse.

The Commission pleaded that its proposed appeal “raises substantial issues affecting not only the parties to the suit but also the integrity, stability, and orderly regulation of Nigeria’s broadcasting ecosystem, with far-reaching implications for broadcasters, content creators, consumers of media content, and the general public.

The NBC said that after Justice Ofili-Ajumogobia delivered the judgement on January 10, 2024, it promptly instructed its lawyers to appeal, and the appeal was filed on March 18, 2024, within the legally prescribed period.

The Commission is also seeking the court’s permission to raise a new appeal issue concerning MRA’s legal standing to file and pursue the original suit before the Federal High Court.

The NBC said its earlier Notice of Appeal showed its diligence and clear intention to challenge the judgment, noting that the appeal was filed on time but later struck out because the Commission’s statutory name was wrongly stated as the “Nigerian Broadcasting Commission.”

It argued that the defect that led to the earlier appeal being struck out was caused solely by its lawyer’s inadvertent misdescription of the Commission’s statutory name.

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