NEWS
Court Strikes Down NBC’s Power To Fine Media Houses, Declares Actions Unlawful
The Federal High Court in Lagos has ruled that the National Broadcasting Commission (NBC) lacks the legal authority to impose fines or unilaterally penalize independent media organizations in Nigeria.
The judgment effectively nullifies the N5 million fines imposed on four media outlets in 2022 and restricts the NBC from further sanctions without judicial oversight.
The ruling, delivered by Justice Nicholas Oweibo in June 2024, followed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
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The certified true copy of the judgment was made public last Friday.
Justice Oweibo held that the NBC’s imposition of fines on Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite Limited violated constitutional rights, including freedom of expression and access to information.
He described the sanctions as unlawful, emphasizing that the NBC had acted without proper legal authority.
“The NBC and its agents lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance,” Justice Oweibo declared.
The court also struck down the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code that had been used to justify the penalties, describing them as inconsistent with the Nigerian Constitution and international human rights laws.
Fines on Media Outlets Overturned
In 2022, the NBC fined the media houses N5 million each for airing documentaries on terrorism, including the BBC’s Africa Eye production “Bandits Warlords of Zamfara.”
The commission alleged that the documentaries glorified banditry and threatened national security.
Justice Oweibo dismissed these claims, stating that the NBC’s actions breached constitutional safeguards and undermined judicial due process.
“A fine is a criminal sanction, and only the court is empowered by the Constitution to impose it,” the judge ruled.
SERAP and CJID’s Legal Standing Upheld
The court also addressed NBC’s challenge to the legal standing of SERAP and CJID in filing the lawsuit. Justice Oweibo ruled that the organizations were well within their rights to sue, describing the case as one of significant public interest.
“SERAP and CJID have been vested with locus standi… Considering their core mandates and the affidavit in support of their suit, it is to be seen that this is a public interest case,” he said.
The judge added that NBC’s actions violated fundamental rights under sections 22, 36, and 39 of the Nigerian Constitution, as well as Articles 1, 7, and 9 of the African Charter on Human and Peoples’ Rights.
The court granted several declarations and orders in favor of the plaintiffs, including:
A declaration that the fines imposed on the media houses were unlawful and violated the principles of legality and proportionality.
An order setting aside the N5 million fines imposed on Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite Limited.
A perpetual injunction restraining the NBC from imposing further penalties on media houses without judicial authorization.
Reactions to the Judgment
Kolawole Oluwadare, Deputy Director of SERAP, welcomed the judgment and urged immediate compliance.
“We urge the NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgment of the court,” he said.
Oluwadare also called on President Bola Tinubu to direct relevant authorities, including the Ministry of Information and Culture, to disclose agreements impacting media freedom, such as the NBC’s deal with Twitter.
“The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression, and media freedom in Nigeria,” he added.
This ruling is seen as a significant victory for press freedom in Nigeria, particularly as journalists and media organizations face increasing regulatory scrutiny.
Legal experts say the judgment reaffirms the judiciary’s role in protecting fundamental rights and ensures that regulatory bodies like the NBC operate within the bounds of the law.
Justice Oweibo emphasized the need to protect public interest, noting that punishing media houses for documentaries addressing critical security issues could have a chilling effect on journalism.
Indian Prime Minister, Narendra Modi has vented the strong points on the agenda of his meeting with Nigeria’s President, Bola Ahmed Tinubu, to include ‘defence, energy, technology, trade, health, education’.
Biztellers reports that the Indian leader and his entourage arrived Abuja to the warm reception of President Tinubu and other top government officials on Saturday.
Modi, after a meeting with President Tinubu on Sunday, took to his verified handle on micro-blogging site, X, to share the strong points on the agenda.
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He wrote, “Had a very productive discussion with President Tinubu. We talked about adding momentum to our strategic partnership. There is immense scope for ties to flourish even further in sectors like defence, energy, technology, trade, health, education and more.”
Israel’s military launched new airstrikes in Gaza and southern Lebanon on Sunday, continuing its multi-front offensive against Hamas and Hezbollah.
In Gaza, at least 46 people were killed in Israeli air raids, the civil defense agency reported.
The deadliest attack took place in Beit Lahia, in northern Gaza, where 26 people, including women and children, were killed, and at least 59 others were trapped under rubble.
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Additional strikes targeted the Bureij refugee camp, the southern city of Rafah, and the Nuseirat camp, resulting in more casualties.
Since the conflict erupted more than 13 months ago, Gaza’s health ministry reports that 43,846 people have died, the majority of whom are civilians, according to the United Nations.
The war was ignited by Hamas’s October 7 attack on Israel, which killed over 1,200 people, mostly civilians.
Meanwhile, in southern Lebanon, Israeli airstrikes hit Hezbollah’s stronghold near Beirut’s international airport, with plumes of smoke rising from the capital’s southern suburbs.
The strikes followed Israel’s warning for residents to evacuate.
Hezbollah responded with missile fire that set an Israeli tank ablaze in the village of Chamaa in southern Lebanon.
On the ground in Lebanon, the violence continues to escalate.
Israeli forces targeted the southern city of Tyre and areas near the Litani River, while the Lebanese health ministry reported that six people, including three children, were killed in Israeli airstrikes on the Bekaa Valley.
Since September 23, Israel has intensified its bombing campaign in Lebanon, deploying ground troops and escalating air raids in response to Hezbollah’s support for Hamas.
The Israeli military has vowed to continue its offensive, stating that Hezbollah has “paid a big price” for its actions.
The latest Israeli casualties include a soldier killed during clashes with Hezbollah in southern Lebanon, bringing the total number of Israeli fatalities to 48.
The humanitarian situation in Gaza is dire.
A UN-backed report issued on November 9 warned of imminent famine in northern Gaza, where food aid has been nearly cut off due to ongoing hostilities.
Israel has rejected accusations of war crimes, with its foreign ministry calling a recent Human Rights Watch report “completely false.” The United States also dismissed the claims, stating that allegations of genocide are “certainly unfounded.”
In Israel, police arrested three suspects after flares were shot near Prime Minister Benjamin Netanyahu’s home in Caesarea, while protests in Tel Aviv continue to demand that the government secure a deal for the release of hostages still held by Hamas.
The protests followed the suspension of Qatar’s mediation efforts last week, with the country urging both sides to show “seriousness” in negotiations.
As the violence drags on, both Gaza and southern Lebanon face mounting casualties and a deepening humanitarian crisis, with little progress toward peace or a resolution in sight.
Indian Prime Minister, Narendra Modi visited Nigeria’s Aso Rock Presidential Villa on Sunday as part of his official tour.
He had arrived in the country on Saturday and was warmly received by President Bola Tinubu and senior government officials at the nation’s seat of power.
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Modi’s visit, the first by an Indian prime minister since Manmohan Singh’s 2007 state visit, marks a significant moment in the bilateral relations between India and Nigeria.
The two leaders are set to hold discussions aimed at strengthening economic cooperation, expanding trade ties, and addressing regional security concerns.
This visit underscores the growing strategic partnership between the two nations, with both governments looking to enhance collaboration across various sectors.
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