By Uzair Adam
The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from using its regulatory powers to impose fines, issue sanctions, or intimidate broadcast stations and independent media houses in Nigeria.
Delivering judgment in June 2024, Justice Nicholas Oweibo ruled that the NBC lacks the legal authority to unilaterally impose penalties, including fines, suspensions, or license withdrawals, on media organizations for airing content of public interest.
The judgment followed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
The lawsuit challenged a 2022 decision by the NBC to fine Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite Limited N5 million each for documentaries on terrorism, which the commission claimed undermined national security and contravened the Broadcasting Code.
In his ruling, Justice Oweibo affirmed that SERAP and CJID had sufficient legal standing to sue, stating, “This is a public interest case, and the plaintiffs are not meddlesome interlopers.”
The court declared that the imposition of fines by NBC without recourse to a court of law violated constitutional provisions on media freedom, fair hearing, and access to information.
The court also set aside the N5 million fines and granted an order of perpetual injunction preventing NBC or any other authority from unlawfully sanctioning or intimidating independent media outlets.
Justice Oweibo emphasized that only the courts, not regulatory agencies, can impose criminal sanctions like fines.
In response to the judgment, SERAP’s deputy director, Kolawole Oluwadare, called on the NBC to respect the rule of law and urged President Bola Tinubu to ensure the judgment’s implementation.
He added, “This ruling is a victory for media freedom, freedom of expression, and the rule of law in Nigeria.”
The suit also criticized the use of “national security” as justification for suppressing information, arguing that such actions contravene both the Nigerian Constitution and international human rights treaties.
The court’s decision reinforces protections for independent media and affirms the judiciary’s role in safeguarding freedom of expression in Nigeria.