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

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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.

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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.

READ ALSO: NBC Slams N5m Penalty On Channels TV For Breaking Broadcast Code

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.

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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.

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

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.

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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.

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Children’s Day: Chaos At Ogbe Stadium As Dozens Faint

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Chaos erupted on Wednesday during the Children’s Day celebration as dozens of students reportedly collapsed following a stampede triggered by the use of pepper spray.

The event,
organised by the Edo State Ministry of Education at the Samuel Ogbemudia Stadium was disrupted after some male students of Ihogbe College allegedly made uncompromising advances towards female students at the venue.

‎ A parent who identified himself as Oboh Emmanuel said, “the behaviour of those uncultured students attracted the attention of bouncers stationed at the stadium as they rebuked the male students.”

‎Oboh said the affected students later regrouped and attacked the bouncers, leading to a confrontation within the crowded arena.

READ ALSO:Children’s Day: Edo Commits To Child Protection

It was gathered that in the ensuing confusion, the bouncers were reported to have deployed pepper spray in an area occupied by a large number of students.

‎Several students, particularly female students, reportedly fainted after inhaling the substance, while others sustained injuries after being stepped on during the ensuing melee.

‎The panic was said to have spread across the stadium as students, teachers and parents scampered for safety.

‎Many of the affected students were reportedly rushed to the Edo Specialist Hospital for medical attention.

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READ ALSO: Egor LG Chair, Ogbemudia, Vice, Osawe Impeached

Reacting to the incident, Chief Press Secretary to Governor Monday Okpebholo, Dr Patrick Ebojele, said the security personnel that fired the tear gas had been detained.

He said all the students, except two, that were rushed to the hospital have been discharged.

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Ebojele stated that doctors wanted to observe the students till tomorrow before allowing them to go home.

The two students are not seriously injured. Doctors want to observe them overnight. Permanent Secretary, Ministry of Education is still at the hospital. The man who used pepper spray has been detained.

“The incident did not happen the way it is being exaggerated. All modalities were put in place to ensure the children enjoyed their day.”

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Okpebholo Salutes Edo Muslims, Seeks Continued Support, Prayers

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Governor Monday Okpebholo of Edo State has urged Muslims and all Nigerians to continue to pray for peace, unity and progress in the country even as they celebrate the annual Eid-al-Adha

The governor, who was represented by his deputy, Dennis Idahosa, stated this during the annual Eid-al-Adha celebration with Muslim faithfuls held at Government House in Benin City.

He reiterated his administration’s commitment to fairness, inclusivity and equal opportunities for all citizens irrespective of religion and tribe.

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READ ALSO:ADC Penetrates Okpebholo’s District As Defections Strengthen Party in Edo Central

According to him, the present administration remains determined to building a government that reflects the diversity of Edo State, noting that competent and qualified Muslims have continued to play vital roles in his government because of their capacity, integrity and commitment to service.

“As a government, we remain committed to fairness, inclusivity and equal opportunity for every Edo citizen, irrespective of religion, ethnicity or political affiliation. This is why quality and competent Muslims are serving in key positions in our administration.”

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Okpebholo appreciated the Muslim community in Edo State for their unwavering support and continuous prayers for his administration, noting that such prayers and support have contributed immensely to the peace and steady development being witnessed across the state.

READ ALSO:Okpebholo Felicitates Muslims On Eid-el-Fitr Celebration

He then called on all Nigerians to use the occasion of Eid-al-Adha to pray for the administration of President Bola Ahmed Tinubu, stressing that the country needs collective prayers, unity and cooperation to overcome its present economic and security challenges.

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I urge all Muslims and indeed all Nigerians to use this occasion to pray for our dear nation and for the administration of President Bola Ahmed Tinubu. Nigeria needs our collective prayers, unity and support as we strive to overcome our challenges and build a more prosperous future for all.”

In his remarks, the Chief Imam of Edo State, Abdulfatai Enabulele, applauded the governor for what he described as remarkable developmental strides recorded in less than two years in office.

The cleric commended the administration for ongoing infrastructural development and efforts geared towards improving governance in the state, but appealed to the government to revisit and complete some abandoned projects inherited from the previous administration for the benefit of the people.

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Children’s Day: Edo Commits To Child Protection

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The Edo State Government has reaffirmed its commitment to protecting the rights of children, promoting quality education, and strengthening sports development across the state.

This assurance was given by the governor of Edo State, Monday Okpebholo, during the 2026 Children’s Day Celebration and Governor’s Cup Finale held on Wednesday at the Samuel Ogbemudia Stadium, Benin City.

Addressing pupils, students and teachers,
the governor described children as the pride of Edo State and the future of the nation.

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The governor, represented by his deputy, Dennis Idahosa,
noted that the annual celebration provides an opportunity to honour their dreams, talents, and limitless potential.

READ ALSO:Eid-el-Kabir: Edo Deputy Gov Solicits prayers For Okpebholo

Speaking on this year’s Children’s Day theme, “Choose Kindness, Reject Bullying,” the governor said the message was timely and significant, as it emphasizes the need to create safe, supportive, and inclusive environments for children both in schools and communities.

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He stated that bullying in all forms — physical, verbal, emotional, or online — has no place in society, adding that the Edo State Government remains fully committed to protecting the rights and dignity of every child.

According to him, the administration will continue to strengthen policies and programmes that promote child protection, discipline, mutual respect, and positive learning environments across schools in the State.

The governor urged children to embrace kindness, compassion, teamwork, and respect for one another, stressing that true strength lies not in intimidation but in empathy, good character, and mutual understanding.

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