The Court of Appeal Nigeria sitting in Abuja has upheld a Federal High Court ruling barring the National Broadcasting Commission (NBC) from imposing fines on radio and television stations across the country.
Delivering the lead judgement on Thursday, Justice Oyebiola Oyewumi, speaking for a three-member panel, dismissed the NBC’s appeal and affirmed the earlier decision that invalidated fines imposed on 45 broadcast stations in March 2019 for alleged violations of the Nigeria Broadcasting Code.
The panel, presided over by Justice Abba Mohammed and including Justice Donatus Okorowo, ruled unanimously that the appeal lacked merit.
The case originated from a suit filed in November 2021 by the Media Rights Agenda (MRA), which challenged the legality of the NBC’s authority to sanction broadcasters through fines.
In its earlier judgement delivered on May 10, 2023, Justice James Omotosho ruled in favour of MRA after the NBC failed to defend the case.
The court held that fines are criminal sanctions that can only be imposed by a court of law.
Setting aside the N500,000 penalties issued to each affected station, the court declared that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations.”
Justice Omotosho further held that the Commission’s actions violated constitutional provisions.
Dissatisfied, the NBC filed a motion in July 2023 asking the same court to overturn the judgement, arguing lack of jurisdiction and failure to consider key facts.
However, the application was dismissed in November 2023, with the court describing it as an afterthought, noting that the Commission had been duly served but failed to appear during proceedings.
The NBC subsequently approached the appellate court in July 2024 to challenge the ruling.
At the hearing on February 4, 2026, NBC’s counsel, Victor Ogude (SAN), adopted his arguments, while MRA’s lawyer, Ezenwa Anumnu, responded in defence of the lower court’s decision.
In its verdict, the Court of Appeal agreed with MRA that the NBC, having failed to contest the case at the lower court, could not introduce fresh arguments at the appellate stage.
Justice Oyewumi held that the appeal lacked substance and was accordingly dismissed.
With this ruling, MRA has secured victory in the first of two pending appeals involving the NBC over its powers to fine broadcast stations.
A second appeal, filed by the NBC against another Federal High Court judgement delivered on January 17, 2024 by Justice Rita Ofili-Ajumogobia, is still awaiting judgement. Arguments in that matter were heard on March 25, 2026.
That case stems from fines of N5 million each imposed by the NBC on a television station and three pay-TV platforms in 2022 over documentaries on banditry, which the Commission claimed undermined national security.
The latest ruling reinforced judicial limits on regulatory authority and underscores the role of the courts in determining penalties involving alleged offences.
