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JUST IN: NBC Has No Powers To Fine Broadcast Stations, Court Rules

Published

1 year ago

May 10, 2023

An Abuja Federal High Court has barred the National Broadcasting Commission from imposing fines on Nigerian broadcast stations.

Presiding Judge James Omotosho, in a Wednesday ruling, said the NBC lacked the judicial powers to impose penalties.

Omotosho gave an order of perpetual injunction restraining the NBC from imposing fines, henceforth, on broadcast stations in the country.

He also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.

Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.

He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.

He said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.

“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.

The News Agency of Nigeria reports that the NBC had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.

However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.

In the motion dated Nov. 9, 2021 by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.

The lawyer also said that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”

They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.

They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

Delivering the judgment, Justice Omotosho described the NBC’s act as being ultra vires.

He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.

The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.

Headline

Porn Star Testifies Against Trump At Hush Money Trial

Published

2 days ago

May 8, 2024

Editor

The porn star at the heart of Donald Trump’s historic criminal trial, Stormy Daniels, testified on Tuesday about an alleged 2006 sexual encounter with the former president in a hotel penthouse suite.

Trump, 77, is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for a $130,000 hush money payment to Daniels on the eve of his 2016 election against Hillary Clinton, when the lurid story of marital infidelity could have sunk his campaign.

Prosecutor Susan Hoffinger announced “The people call Stormy Daniels,” as Trump, who is seeking to recapture the White House in November, sat at the defense table in the Manhattan courtroom flanked by his lawyers, AFP reports.

What followed was detailed testimony about the sexual encounter Daniels said she had with Trump – his pajamas, his boxer shorts, the sexual position, that he did not wear a condom – all while the former president, sitting just feet away, stared on in silence, stony-faced.

Trump has denied having sex with Daniels, and his defense team sought, unsuccessfully, to have a mistrial declared.

The extraordinary courtroom face-off comes six months before election day when Trump will try to defeat Democratic President Joe Biden.

Daniels walked prosecutors through her difficult childhood in Louisiana, a stint as a stripper and her eventually joining the adult film industry.

The 45-year-old, whose real name is Stephanie Clifford, said she met Trump at a celebrity golf tournament in Lake Tahoe where she was employed as a greeter by X-rated movie company Wicked Entertainment.

Daniels said she was 27 at the time and Trump was “probably older than my father.”

She said a member of Trump’s security detail told her the real estate tycoon wanted to have dinner with her. She was reluctant but agreed after discussing it with her publicist.

When she arrived at the penthouse where Trump was staying he emerged wearing “silk or satin pajamas which I immediately made fun of,” Daniels told the jury.

“I said ‘Does Mr Hefner know you stole his pajamas?’” she said in a reference to the outfit favored by the late Playboy magazine founder Hugh Hefner.

Trump changed clothes and they began talking about adult movies.

“He was very interested in a lot of the business stuff,” Daniels said.

Trump, who was married at the time to his current wife, Melania, suggested Daniels be on his hit reality television show, “The Apprentice,” she said.

Daniels said she went to the bathroom at one point and when she emerged Trump was on the bed in boxer shorts and a T-shirt.

“It startled me,” she said. “The intention was pretty clear.”

“I was not threatened verbally or physically,” Daniels said, although there was an “imbalance of power.”

She said they had brief sex on the bed “in missionary position” and Trump did not wear a condom.

“I felt ashamed I didn’t stop it, didn’t say no,” Daniels said.

Daniels said she met with Trump again on several occasions but cut off contact when it became clear she would not appear on “The Apprentice.”

After Trump announced his candidacy for president, Daniels said her publicist suggested she could sell her story and put her in touch with Keith Davidson, a Hollywood lawyer who testified previously at the trial.

“My motivation wasn’t money, it was to get the story out,” Daniels said.

She said she entered into a non-disclosure agreement in October 2016 on the eve of the presidential election negotiated by Davidson and Cohen for which she was paid $130,000.

“I couldn’t tell my story, he couldn’t tell the story,” she said.

After a lunch break, Trump’s attorney Todd Blanche asked Judge Juan Merchan to declare a mistrial, objecting to some of Daniels’ testimony, particularly her claim that she was threatened in 2011 by a man in a Las Vegas parking garage who allegedly warned her not to talk about Trump.

“It’s extremely prejudicial to insert safety concerns into a trial about business records,” Blanche said.

Merchan denied the motion, saying “I don’t think we have reached a point where a mistrial is in order.”

Trump is under a partial gag order prohibiting him from publicly attacking witnesses, the jury or court staff.

Merchan has already fined him $10,000 for breaching the gag order and warned Trump he may face jail time for future violations.

Headline

Naira Abuse: Trouble Looms As Group Petitions EFCC, Wants Edo APC Candidate Prosecuted

Published

2 days ago

May 8, 2024

Editor

The All Progressives Congress candidate in the September 21 governorship election in Edo State, Monday Okpebholo, is at risk of being sentenced to six- months imprisonment in line with the Central Bank of Nigeria Act of 2007 as a coalition of civil society organisations under the aegis of the Network of Civil Society Organisations in Nigeria accused him of abusing the Nigerian currency, the naira.

The group lodged the complaint with the Economic and Financial Crimes Commission against Okpebholo in a petition dated May 2, 2024, and addressed to the chairman of the EFCC.

The petition was signed by the group’s National Coordinator, Victor Kalu, and National Secretary, Ali Abacha.

The coalition claimed the senator is guilty of the offence of naira abuse and mutilation, citing the CBN Act of 2007, which declares such actions as punishable offences.

The coalition said it is “disappointment that prominent individuals, including lawmakers, have violated this provision of the CBN Act.”

Meanwhile, they commended the EFCC for its “swift response in arresting and charging individuals who have been caught on viral videos abusing and defacing the Naira at social events such as the cases of Mr Okuneye Idris Olarewaju, popularly known as Bobrisky, and Mr Pascal Okechukwu, also known as Cubana Chief Priest, who have faced legal consequences for their actions.”

While praising the EFCC for its actions, the coalition demanded that all individuals captured in viral videos abusing the Naira should be promptly arrested and brought to justice, as no one is above the law.

They called on the EFCC and other law enforcement agencies to investigate the “viral video involving Senator Monday Okpebholo, who is seen engaging in Naira abuse and mutilation.”

They added that Okpebholo should be held accountable for his actions as a representative of the people.

They, however, warned that failure to address the viral video involving Okpebholo would result in the coalition taking further actions.

They threatened to mobilise their members, supporters, and democracy advocates for a peaceful protest against the EFCC, citing selective action and bias if the EFCC failed to address the viral video involving Okpebholo.

In his response, the senator refuted the allegation, saying it was false.

Okpebholo, in a statement issued in Abuja on Tuesday, described the allegation as a hatchet job targeted at smearing his image ahead of the September governorship election.

He blamed his detractors and the opposition camp as being the brain behind the campaign of calumny.

While stressing that he has never been arrested by the police for any civil or criminal offence, the lawmaker insisted the man in the video circulating on social media was not him.

He said, “As a private and public person, I have never sprayed or mutilated the naira in my over 50 years on earth. It baffles me why these agents will fabricate fake news to tarnish my image ahead of the election. I therefore called on the IGP to investigate the faces behind the petition and prosecute them accordingly.

“They are scouting for fake news and non-existent things to blackmail me and lie to Edo people. Unfortunately, we know what they are up to. They are smelling the defeat already. Edo people have already decided, and no amount of State-sponsored intimidation will work.

“In Edo State, President Bola Tinubu-led APC administration is working. The federal government is reconstructing federal roads in Edo Central, Edo North, and Edo South. That is why Edo people must take sides with the APC and vote for me as the next governor of Edo State.

“We will bring the Federal Government closer to the Edo people. We have been isolated for too long, and it is time to end that alienation.”
PUNCH

Headline

Mother Throws Disabled 6-year-old Son Into Crocodile Infested River [PHOTOS]

Published

3 days ago

May 7, 2024

Editor

A mother has thrown her disabled six-year-old son into a crocodile-infested river where he has reportedly been mauled to death by reptiles.

Savitri Kumar, 26, from Uttara Kannada, a district in Karnataka, India, had a heated argument with the boy’s father, Ravi Kumar, 27, who repeatedly ordered her to “throw the child away,” the Times of India reports.

Police say her husband allegedly questioned her decision to give birth to a child with a disability.

When the parents fought about their son again on Saturday evening, May 4, Savitri was “distressed” and reportedly threw her son into a waste canal that flows into the Kali river, which is infested with crocodiles.

Father of the son

Neighbours who witnessed this called the police, who deployed divers to search for the boy in the water, but to no avail, as it was dark.

They returned on Sunday morning, May 5, and found the child’s body, which showed bite marks all over.

The boy suffered severe injuries and was missing a hand, which a police officer suggested indicated that the boy was mauled to death by one or more crocodiles.

A post mortem has been ordered to determine the six-year-old’s cause of death.