NBC challenges decision to overturn penalties for on-air violations

The National Broadcasting Commission is seeking to appeal a Federal High Court judgment that prohibited it from imposing fines on broadcast stations, and has filed a new application with the Court of Appeal in Abuja to do so.

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This move comes after the Court of Appeal struck out the commission's initial appeal on June 17, 2026, deeming it "fundamentally defective" and incompetent due to a technical error.

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In its new motion, filed by counsel Mr Dapo Akinosun (SAN), the NBC is asking the Court of Appeal to grant it an extension to challenge the January 10, 2024, judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court.

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The case originated from a lawsuit filed by Media Rights Agenda, which challenged the NBC's decision to impose fines of N5m each on Multichoice Nigeria Limited, TelCom Satellite Limited, Trust-TV Network Limited, and NTA Startimes Limited.

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According to Idowu Adewale, communications officer of Media Rights Agenda, the fines were imposed after the broadcasters aired documentaries on banditry and insecurity in Zamfara State, which the NBC claimed undermined Nigeria's national security.

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Justice Ofili-Ajumogobia's judgment held that the NBC acted unlawfully and unconstitutionally in imposing the fines, as it is not a court of law and therefore lacks the authority to sanction broadcasters.

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The NBC's initial appeal was struck out due to a mistake in the court documents, where the appellant was referred to as the "Nigerian Broadcasting Commission" instead of its correct name, the "National Broadcasting Commission".

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In its new application, the NBC argues that the judgment raises issues of exceptional public importance regarding its statutory powers to regulate broadcasting and enforce compliance with broadcasting standards in Nigeria.

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The commission warns that if the judgment is allowed to stand without appeal, it could create uncertainty about its regulatory powers and weaken the framework governing the country's broadcasting industry.

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The NBC claims that the existing judgment could lead to significant uncertainty about its regulatory powers and ability to discharge its statutory mandate, and that a weakened regulatory framework could encourage non-compliance with broadcasting standards.

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This, in turn, could lead to the spread of false, misleading, and unverified information, causing public anxiety, panic, and social unrest, according to the commission.

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The NBC also argues that the absence of effective oversight could embolden irresponsible broadcasting practices and facilitate the misuse of broadcast and digital media platforms to disseminate sensational or inflammatory content.

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The commission maintains that its proposed appeal raises substantial issues affecting not only the parties in the suit but also the integrity and orderly regulation of Nigeria's broadcasting ecosystem.

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The NBC told the court that it had instructed its lawyers to appeal Justice Ofili-Ajumogobia's judgment immediately after it was delivered, and that the appeal was filed on March 18, 2024, within the prescribed period.

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The commission attributes the failure of its earlier appeal to an inadvertent error by its lawyer, who misdescribed the commission's statutory name in the notice of appeal.

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The NBC is also seeking leave to raise a fresh issue on appeal concerning the legal capacity of Media Rights Agenda to institute and maintain the suit before the Federal High Court.

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No date has been fixed for the hearing of the application.