Politics
NBC seeks fresh appeal over judgment barring it from fining bro
THE National Broadcasting Commission (NBC) has again sought permission to file a fresh appeal against a Federal High Court judgment that stripped it of the power to impose fines on broadcast stations, weeks after its previous appeal was struck out over a procedural error.
This was disclosed in a statement released by the Media Rights Agenda (MRA) on Monday, August 3.
The statement noted that in a motion filed before the Court of Appeal in Abuja through its lawyer, Dapo Akinosun, a senior advocate, the commission asked the court to extend the time within which it could challenge the January 10, 2024, judgment delivered by Rita Ofili-Ajumogobia.
The NBC also wanted leave to raise a fresh issue questioning the legal capacity of Media Rights Agenda (MRA) that initiated the original suit.
The commission argued that the judgment raised issues of “exceptional public importance” regarding its statutory powers to regulate broadcasting and enforce compliance with the Nigeria Broadcasting Code.
According to the statement, the NBC further contended that unless the Court of Appeal hears the case on its merits, the subsisting judgment could create uncertainty over its regulatory powers and weaken enforcement of broadcasting standards.
The commission argued that weakening its regulatory authority could encourage non-compliance with the Broadcasting Code and increase the dissemination of false, misleading and unverified information capable of causing public anxiety, panic and social unrest.
It further said that the absence of effective regulatory oversight could embolden irresponsible broadcasting practices and the misuse of broadcast and digital media platforms to publish sensational or inflammatory content capable of intimidating individuals or influencing public discourse.
The NBC maintained that the appeal raised issues that affect not only the parties involved in the case but also broadcasters, content creators, media consumers and the wider public.
The commission’s latest application followed the Court of Appeal’s June 17, 2026, decision striking out its earlier appeal.
The appellate court held that the appeal was incompetent because the commission’s Notice of Appeal wrongly described the appellant as the “Nigerian Broadcasting Commission” instead of its statutory name, the “National Broadcasting Commission.”
The NBC described the error as an inadvertent mistake made by its counsel and argued that it had filed the original appeal within the time prescribed by law, demonstrating its intention to challenge the judgment.
It urged the court to allow it to pursue a fresh appeal despite the earlier procedural defect.
Court had ruled NBC lacks power to impose fines
The dispute stems from sanctions imposed by the commission on four broadcast organisations over documentaries on banditry and insecurity in Zamfara State.
The NBC had fined Multichoice Nigeria Limited, owners of DStv; TelCom Satellite Limited (TSTV); Trust TV Network Limited; and NTA Startimes Limited ₦5 million each, accusing them of undermining national security through their broadcasts.
However, the Media Rights Agenda challenged the sanctions in court. In her January 2024 judgment, Rita Ofili-Ajumogobia ruled that the commission acted unlawfully by imposing the fines because it is not a court established under the Constitution and therefore lacks judicial powers to punish broadcasters.
The judge held that the sanctions violated constitutional guarantees of freedom of expression, including the right to receive and impart information.
Mustapha Usman is an investigative journalist with the International Centre for Investigative Reporting. You can easily reach him via: musman@icirnigeria.com. He tweets @UsmanMustapha_M
