Federal High Court Nullifies Broadcasting Code’s Fine Provisions, Citing Judicial Powers Concerns

In a recent judgment, a Federal High Court in Abuja has declared null and void the provisions of the Nigeria Broadcasting Code, specifically those authorizing the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches.

Justice Rita Ofili-Ajumogobia ruled that the NBC, being an administrative and regulatory body, lacks the authority to exercise judicial powers.

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The judgment stems from a lawsuit filed by the Media Rights Agenda (MRA) against the NBC, following the imposition of N5 million fines on a television station and three pay TV platforms in 2022 for broadcasting documentaries on banditry in Nigeria, deemed to undermine national security.

The court, responding to the MRA’s plea, held that the NBC’s actions were unlawful and unconstitutional, asserting a chilling effect on media freedom to impart information and ideas. The plaintiff argued that such fines would discourage reporting on the true state of security affairs, violating constitutional rights to freedom of expression, especially the right to receive information without interference.