The Media Right Agenda (MRA) has called on the National Broadcasting Commission to comply with the court order which restrained the commission from imposing fines on broadcast stations in the country and to refund money collected contrary to the law. A federal Court in Abuja, last week ruled that NBC does not have the judicial
The Media Right Agenda (MRA) has called on the National Broadcasting Commission to comply with the court order which restrained the commission from imposing fines on broadcast stations in the country and to refund money collected contrary to the law.
A federal Court in Abuja, last week ruled that NBC does not have the judicial power to impose penalties on broadcast stations in the country. In his ruling, Justice James Omotosho noted that the Broadcast Commission has been acting as complainant, court, and judge in its matter, stating that the commission is against the principle of separation of powers.
Displeased with the court’s judgment, NBC in a statement by its Director, Mallam Balarabe Shehu vowed to go to the appellate Court to seek redress, indicating that the ruling was in conflict with the previous judgement of the court which empowers the commission to serve as a regulatory body for broadcast stations.
Reacting to NBC’s decision to appeal against the court judgement, MRA executive director, Mr. Edeatan Ojo in a statement accused the commission of misleading the public, stating that the court did not take away its powers to regulate broadcasting in Nigeria but only withdrew its powers to punish any stations.
Mr. Ojo also further stated that Justice Omotosho’s judgement conformed with the international standards as stated in principle 17(5) of the declaration of principles of freedom of expression and access to information in Africa.
Recognising the Broadcasting Commission’ rights to appeal the case, Mr Ojo urged the commission to thread within the ambit of the law, adding that the Nigeria Broadcasting Code or NBC Act do not hold judicial powers to act in that capacity.
“We recognize and respect the right of the NBC to appeal against the judgment of the Court, if it is dissatisfied with the decision, so long as it does not flout the orders of the court when those orders have not been set aside by an appellate court,”
“Whatever the NBC’s view of the Court’s judgment may be, it cannot deny that there is a valid and subsisting order of a court of competent jurisdiction prohibiting it from imposing fines on radio and television stations. Should the Commission or its Director-General take it upon themselves to sit on appeal over the judgment of the Court and disobey the clear and unequivocal orders of the Court, we wish to reassure them that we would take immediate and vigorous action to maintain the integrity of the court and its orders.
“The NBC Director-General’s statement amounts to a feeble attempt to mislead the public. We do not dispute the power or authority of the NBC to regulate broadcasting in Nigeria and we have not challenged its right to do so.
“That was not the issue before the court. But this does not make the Commission a court of law and neither the National Broadcasting Commission Act, as amended, nor the Nigeria Broadcasting Code can be interpreted to confer judicial powers on the NBC to impose criminal sanctions on radio and television stations in flagrant violation of the Constitution, as Justice James Omotosho stated so eloquently in his judgment.
“We appreciate that the NBC cannot be happy that we have shut down this major source of revenue for the Commission, but we urge it to tread the path of constitutionalism and the rule of law and obey the orders of a court of competent jurisdiction, established by the Constitution, especially if it expects individuals and entities subject to its regulatory authority to comply with its own lawful directives.”
