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

Published

1 year ago

May 10, 2023

Editor

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.

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Iran Gets Interim President After Raisi’s Death

Published

6 hours ago

May 20, 2024

Editor

Iran’s supreme leader Ayatollah Ali Khamenei assigned vice president Mohammad Mokhber to assume interim duties after the death of president Ebrahim Raisi in a helicopter crash a day earlier.

“In accordance with Article 131 of the constitution, Mokhber is in charge of leading the executive branch,” said Khamenei in a statement, adding that Mokhber will be required to work with the heads of legislative and judicial branches to prepare for presidential elections “within a maximum period of 50 days”.

Recall that President Raisi was confirmed dead on Monday after his helicopter crashed in a mountainous region of the country.

Raisi was travelling with Foreign Minister Hossein Amir-Abdollahian who also died in the accident.

Rescue teams had been scouring the area since Sunday afternoon after a helicopter carrying Raisi, the foreign minister and other officials had gone missing.

Early Monday, relief workers located the missing helicopter, with state TV saying the president had died.

“The servant of Iranian nation, Ayatollah Ebrahim Raisi has achieved the highest level of martyrdom whilst serving the people,” state television said Monday, with Mehr news agency also saying he was dead.

State television broadcast photos of Raisi, with the voice of a man reciting the Koran playing in the background.

Iran’s vice president for executive affairs Mohsen Mansouri posted on X a Koranic verse used to express condolences.

Meanwhile, Iran’s supreme leader Ayatollah Ali Khamenei has announced a five days of mourning for President Raisi.

“I announce five days of public mourning and offer my condolences to the dear people of Iran,” said Khamenei in an official statement a day after the death of Raisi and other officials in the crash in East Azerbaijan province.

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UK Threatens To Deport Physically-challenged Nigerian After 38 Years

Published

6 hours ago

May 20, 2024

Editor

The United Kingdom has threatened to deport a physically-challenged Nigerian man, Anthony Olubunmi George, over an alleged forged entry stamp in his passport.

George who has lived in the UK for 38 years, after he left Nigeria at the age of 24 in 1986, according to the Guardian UK.

The 61-year-old Nigerian has no criminal convictions and made several applications for leave to remain in the UK, which the Home Office has rejected, most recently on 7 May.

George’s case became the second African facing a huge disappointment with the UK Home Office after spending several years in Britain.

Vanguard reported last week that a 74-year-old Ghanaian Nelson Shardey, who has resided in the UK since 1977, was refused indefinite leave to remain despite being in the country for most of his adult life.

As the case of the Nigerian, he has never left the UK and has no criminal convictions, with the reports of having two strokes, which left him with problems with speech and mobility in 2019.

When George arrived, Margaret Thatcher was prime minister and Rishi Sunak is the ninth to hold office since George has lived in the UK.

He has endured many periods of homelessness and disclosed he has lost count of the number of friends who have given him shelter over the years, adding that he no longer has any close family in Nigeria.

The Guardian UK said in 2005, his previous solicitors submitted a forged entry stamp in his passport and have subsequently been reported to the police and the legal regulatory bodies.

George told the Guardian he knew nothing about the passport stamp until many years later. His current lawyer, Naga Kandiah of MTC Solicitors, cited his poor previous legal representation as the reason for George’s problems.

In his most recent refusal, Home Office officials said: “Unfortunately this is not something that is considered an exceptional circumstance.”

Kandiah has lodged an appeal against the latest refusal.

A previous Home Office rejection of his case states: “It’s open to your family and friends to visit you in Nigeria.”

George said, “I don’t know how many different sofas I’ve slept on – too many to count. I don’t have my life, living the way I’m living now. My health problems since I had my stroke are my biggest worry. All I’m asking for is some kindness from the Home Office.”

Headline

JUST IN: ICC Prosecutor Seeks Arrest Warrants For Netanyahu, Hamas Leaders

Published

7 hours ago

May 20, 2024

Editor

The chief prosecutor of the International Criminal Court has applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas’s leader in Gaza for war crimes.

According to BBC, Karim Khan said there were reasonable grounds to believe that both men bore criminal responsibility for war crimes and crimes against humanity from at least 7 October 2023.

The ICC, based in The Hague, has been investigating Israel’s actions in the occupied territories for the past three years – and more recently the actions of Hamas as well.

Mr Netanyahu recently called the prospect of senior Israel figures joining the ICC’s wanted list “an outrage of historic proportions”.

Last week, 13 Western countries including the United Kingdom, Germany, Japan, Italy, Japan and others cautioned Israel over its resolve to launch a full-scale operation in Rafah.