News

NBC Asks Court To Set Aside Judgment Restraining It From Imposing Fines On Broadcast Stations

Published

2 years ago

July 14, 2023

The National Broadcasting Commission (NBC) has filed a motion at a Federal High Court in Abuja asking the court to set aside its May 10, 2023 judgment in which it, among other things, issued an order of perpetual injunction restraining the Commission from further imposing fines on radio and televisions stations.

In the motion filed on its behalf by Mr. Babatunde Ogala (SAN), the Commission is asking the court to set aside the judgment, claiming that the court lacked jurisdiction to render the verdict and that it arrived at the decision in ignorance of relevant facts.

The judgment arose from a suit instituted by Abuja-based lawyer, Mr. Noah Ajare, on behalf of Media Rights Agenda (MRA), challenging the powers of the NBC to fine broadcasters, following a March 1, 2019 announcement by the then Director General of the Commission, Mallam Ishaq Kawu, that the Commission had imposed a fine of N500,000 each on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code.

In his judgment delivered on May 10, 2023, Justice James Omotosho ruled that fines are sanctions imposed on a person who has been found guilty of a criminal offence and that the law in Nigeria, only Courts of law are empowered to impose sanctions for criminal offences.

In setting aside the fines of N500,000 each imposed on the stations, he held that the NBC “is neither a Court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations notwithstanding what the NBC Code says,” adding that the Commission’s action violated the Constitution.

But contrary to the finding of the judge in his judgment that the NBC “was served with the Originating Summons on 24th February, 2022 and served with several hearing notices but failed to file any process”, the Commission is alleging that the originating summons in the suit, which led to the judgment, was not served on it.

It is also claiming that MRA “has two un-appealed, subsisting and binding decisions of the Federal High Court on the same issues and parties” and that rather than appeal those decisions, it brought a fresh suit, setting the Court on a collision course with decisions of the other Federal High Court in the same complex.”

The NBC cited in support of its claim a suit filed by MRA in 2021 against the NBC in which the organization challenged the constitutionality and legality of the Commission’s action on May 27, 2020 in imposing fines of N250,000 on Breeze FM radio, based in Lafia, Nazarawa State; N500,000 on Adaba FM radio in Akure, Ondo State; and N250,000 on Albarka FM radio in Ilorin, Kwara State. Justice Obiora Atuegwu Egwuatu delivered judgment on March 2, 2023, dismissing the suit.

It also cited another suit brought against NBC by seven organisations, namely the Socio-Economic Rights and Accountability Project (SERAP); the Centre for Journalism Innovation and Development (CJID); MRA, HEDA Resource Centre; the International Centre for Investigating Reporting (ICIR); the African Centre for Media and Information Literacy (AFRICMIL); and Premium Times.

In that suit, the seven organizations challenged the NBC’s imposition of fines of N3 million each on Channels Television, Arise Television and the Africa Independent Television (AIT) over their coverage of the ENDSARs protests as well as another imposition of a fine of N5 million on Nigeria Info 99.3 by the NBC without giving the stations an opportunity to respond any allegation against them.

Justice Nkeonye Maha delivered judgment in the suit on April 26, 2022, dismissing the suit.

The NBC is claiming that these suits and their outcome was not brought to the attention of court and that if the court had been aware of them, it would have reached a different decision in its May 10, 2023 judgment.

Justice Omotosho has fixed hearing of the motion for October 5, 2023.

News

IYC Expresses Displeasure Over Okpebholo’s Neglect Of Edo Ijaw

Published

1 hour ago

December 2, 2025

Editor

Leadership of the Ijaw Youth Council (IYC), Western Zone, have expressed displeasure over what they described as the “persistent marginalisation of the Ijaw political class, traditional institutions and the ongoing abandonment of Ijaw communities,” by the Governor Monday Okpebholo-led Edo State government.

The IYC, in a statement jointly signed by Comrade Nicholas Igrama, Barr. Ebi Olowolayemo and Comrade Tare Magbei, Western Zone Chairman, Secretary and Information Officer respectively, lamented that despite the “massive support Ijaw people gave to Okpebholo across the five Ijaw clans in the state,” not a single appointment has been given to the Ijaw speaking people in the state.

The statement which was made available to newsmen in Benin on Tuesday, said that the “conspicuously absent of Ijaw man or woman in the State Executive Council,” gives credence to their claim.

The IYC, while stating that “we state this not out of bitterness or entitlement, but as a call for fairness, equity, and justice,” emphasized that “despite our enormous contributions to the state’s treasury through natural and human resources, Edo Ijaws remain conspicuously absent in the State Executive Council.”

The statement reads: “It is important to remind the Governor that the Ijaw nation mobilised massive support across the five Ijaw clans in Edo State to ensure his victory at the polls.

“Our voice was loud, our mobilisation was firm, and our votes counted significantly toward the success of this administration.

“Regrettably, one year after, this government has not deemed it necessary to appoint a single individual from the Ijaw extraction, nor has it addressed the glaring infrastructure deficit in our communities and also left our traditional issues unattented to.”

The statement noted that “the Ijaw areas are the bedrock of the state’s oil wealth, the same wealth that qualifies Edo State as an oil-producing state and entitles it to the 13% derivation fund. Yet, there is no visible reflection of this revenue in our communities.”

“We state this not out of bitterness or entitlement, but as a call for fairness, equity, and justice.”

The IYC, therefore, urged the governor to “have a rethink so it doesn’t take to another form of agitation in the state where we contribute.”

News

EPL: Arteta Gives Update On Havertz, Saliba, Gabriel, Others

Published

3 hours ago

December 2, 2025

Editor

Arsenal manager, Mikel Arteta has provided the latest update on four of his players ahead of his side’s Premier League clash with Brentford on Wednesday.

The four players are Kai Havertz, William Saliba, Gabriel Magalhães and Leandro Trossard.

Arteta’s side will host Brentford in a Premier League tie at the Emirates Stadium on Wednesday night.

Arsenal head to the game following a 1-1 draw with Chelsea in their last game over the weekend.

“Kai Havertz is still weeks away,” Arteta said at his pre-match press conference as quoted by Fabrizio Romano on Tuesday.

“We are all desperate to have him. I mean, it is a player that, personally, I love so much for what he brings to the team – his character, his personality. I see him suffer, being outside.

“Gabriel Magalhães is doing very well, but it will take weeks to see him back.

“For William Saliba and Leandro Trossard, hopefully it’s a matter of days.

“For Saliba, this one is very bizarre injury… but hopefully it will be a short time out.”

News

BREAKING: Tinubu Nominates New Defence Minister

Published

5 hours ago

December 2, 2025

Editor

President Bola Tinubu has nominated former Chief of Defence Staff, CDS, Gen. Christopher Gwabin Musa, rtd, as the new Minister of Defence.

In a letter to Senate President Godswill Akpabio, Tinubu disclosed Musa’s nomination as the successor to Alhaji Mohammed Badaru, who resigned on Monday.

Musa served as Chief of Defence Staff from 2023 until October 2025. He won the Colin Powell Award for Soldiering in 2012.

Born in Sokoto in 1967, Musa received his primary and secondary education there before attending the College of Advanced Studies in Zaria.

He graduated in 1986 and enrolled at the Nigerian Defence Academy the same year, earning a Bachelor of Science degree upon graduation in 1991.