Court declines to vacate judgment restraining NBC from imposing fines on broadcast stations

The Abuja Division of the Federal High Court (FHC) on Thursday dismissed the National Broadcasting Commission (NBC)’s motion seeking an order to set aside its judgment restraining the commission from imposing fines on broadcast stations.
Justice James Omotosho, in a judgment, dismissed all the grounds put forward by the NBC, describing it as “an afterthought.”
Mr Omotosho held that despite being served with the originating process and hearing notices in the case leading to the judgment, the commission failed to file its defence.
The judge said that contrary to the NBC’s argument that it was not served with court processes that led to the judgement, “the court file shows that services were effected on the respondent applicant (NBC) but failed to file and refused to enter appearance.”
He said there was an affidavit of facts deposed to by the court bailiff that confirmed that court processes were served on the commission on different occasions.
“The respondent applicant cannot claim it was not served. The objection is hereby overruled,” he said.
Mr Omotosho had, on May 10, given an order of perpetual injunction restraining NBC from imposing fines on broadcast stations.
The judge also set aside the N500,000 fines imposed on March 1, 2019, on each of the 45 broadcast stations alleged to have violated its code.
He held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
Mr Omotoso further held that the NBC code, which gives the commission the power to impose sanctions, conflicts with section 6 of the constitution, which vested judicial power in the court of law.
The judgment followed a suit filed by the Incorporated Trustees of Media Rights Agenda marked FHC/ABJ/CS/1386/2021.
In the originating motion, the group sued NBC as the sole respondent.
In the motion dated November 9, 2021, by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by NBC in imposing N500,00O fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice, among others.
However, after the delivery of the judgment, NBC filed a motion on notice through its lawyer, Babatunde Ogala, SAN, seeking “an order setting aside the default judgment, being a judgment reached per incuriam and without jurisdiction.”
Giving a 20-ground argument, the commission said the originating motion in the suit, which birthed the judgement delivered on May 10, was not served on them.
It argued that the rights group had two unappealed, subsisting and binding decisions of the FHC on the same issues on the parties.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

Africa
Nigeria says financing key to realising Africa’s development aims
The Nigerian government has said funding gaps remain an impediment to sustaining growth, with available resources used to service debt to the detriment of other development needs.

World
Palestinian leader Abbas rebukes U.S. visa denial to UNGA, accuses Israel of genocide
“For how long will some states continue to remain silent about Israel, or supply it with the weapons it uses against our people?” said Mr Abbas.

Africa
‘No race superior, no nation inferior,’ says Ghana’s Mahama as Africa seeks ‘equal partnership’
“Some cautioned that we were reopening old wounds. We came to seek healing. Africa does not seek charity. Africa seeks equal partnership,” Mr Mahama stated.

Economy
Nigeria calls for debt relief, fairer global financial architecture
The Nigerian government has called for debt relief for developing countries and urged the restructuring of the global financial architecture to promote greater fairness.

Abuja
Three suspects arraigned over $100,000 fraud
The police have arraigned three suspects before the Federal High Court, Abuja Division, on charges of criminal conspiracy and criminal breach of trust.

Africa
Alleged killer of Afrigo Band musician Matovu Moses arrested
The police in Uganda have arrested Nsamba Vincent, the prime suspect wanted in connection with the murder of veteran Ugandan musician Matovu Moses.





