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JUST IN: NBC Stripped Of Power To Fine Broadcast Stations
In a significant legal development, the National Broadcasting Commission (NBC) has been barred from imposing fines on Nigerian broadcast stations by an Abuja Federal High Court.
The presiding judge, James Omotosho, delivered the ruling on Wednesday, stating that the NBC does not possess the judicial authority to levy penalties.
Justice Omotosho issued a perpetual injunction order, prohibiting the NBC from imposing fines on broadcast stations across the country.
Furthermore, he overturned the previously imposed N500,000 fines that were individually levied on 45 broadcast stations on March 1, 2019.
During the court proceedings, Justice Omotosho emphasized that the National Broadcasting Commission (NBC), not being a court of law, lacked the authority to impose sanctions or penalties on broadcast stations as a form of punishment.
He also highlighted that the NBC Code, which grants the commission the power to impose such sanctions, conflicted with Section 6 of the Constitution, which explicitly vests judicial power in the courts of law.
Justice Omotosho made it clear that the court could not stand idly by while an organization imposed fines in an arbitrary manner, without adhering to the legal framework.
Justice Omotosho highlighted that the National Broadcasting Commission (NBC) had failed to adhere to the law by assuming the role of both the complainant and the judge in its own matter.
He acknowledged that the Nigeria Broadcasting Code, being a subsidiary legislation that grants administrative authority to bodies like the NBC to enforce its provisions, cannot grant the commission judicial powers to impose criminal sanctions or penalties, including fines.
Additionally, the judge agreed that the NBC, not being the Nigerian police, lacked the jurisdiction to conduct criminal investigations that would result in criminal trials and the imposition of sanctions.
“This will go against the doctrine of separation of powers,” he said.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.
“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
According to a report by the News Agency of Nigeria, it was revealed that on March 1, 2019, the National Broadcasting Commission (NBC) imposed a fine of N500,000 on each of the 45 broadcast stations in Nigeria. The fines were allegedly imposed due to the stations’ alleged violation of the NBC code.
the Incorporated Trustees of Media Rights Agenda, through their lawyer Noah Ajare, filed an originating motion marked FHC/ABJ/CS/1386/2021 against the National Broadcasting Commission (NBC) as the sole respondent in the lawsuit.
In the motion dated November 9, 2021, the group sought a declaration that the sanctions procedure applied by the NBC, which imposed N500,000 fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.
Furthermore, the lawyer representing the Incorporated Trustees of Media Rights Agenda argued that the fines imposed on the broadcast stations violated the right to fair hearing as guaranteed by Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
The group contended that the fines were in violation of these rights because the code, which established the alleged offenses for which the broadcast stations were accused, was written and adopted by the NBC itselfitself “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”
Consequently, the Incorporated Trustees of Media Rights Agenda requested the court to issue an order nullifying the N500,000 fines that were allegedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.
They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”
In his judgment, Justice Omotosho characterized the actions of the NBC as exceeding its legal authority, describing them as ultra vires. He ruled that the fines imposed by the NBC as a form of punishment for violations of its code were in violation of the law and declared them unconstitutional, null, and void.
Furthermore, the judge issued a perpetual injunction, permanently restraining the NBC from imposing fines on broadcast stations across the country.
Nigerian singer, songwriter, and actress Onyeka Onwenu passed away on Tuesday, shortly after performing at a birthday party in Lagos.
The celebrated music icon was attending a friend’s private birthday celebration when she took to the stage to perform. After returning to her seat, Onwenu suddenly collapsed, prompting immediate concern among the attendees.
Emergency responders arrived swiftly and transported her to Reddington Hospital on Victoria Island. Despite the medical team’s efforts, Onwenu was pronounced dead shortly after her arrival.
Sources close to the family revealed that she fell ill during the event, leading to her collapse.
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She said, “It is very sad. Onyeka Onwenu just performed at the birthday of Mrs. Stella Okoli of Emzor Pharmaceuticals tonight. After performing, she slumped. She was taken to Reddington Hospital but couldn’t make it.”
The exact cause of her death is yet to be confirmed.
Born on 31 May 1952, Onwenu was a multifaceted artist whose career spanned over four decades. She was not only a renowned singer and songwriter but also an actress, journalist, and politician.
Onwenu’s music blended genres such as highlife, reggae, and pop, often addressed social and political issues. Some of her most popular songs include “One Love,” “Iyogogo,” and “Ekwe.”
Onwenu was also known for her political activism. She was chairperson of the Imo State Council for Arts and Culture and was appointed Executive Director/Chief Executive Officer of the National Centre for Women Development.
Earlier this year, Onwenu revealed she was producing a movie chronicling her experiences in the music industry spanning several decades. She expressed her excitement to share her personal story and how Nigerian music has evolved over time.
Onyeka Onwenu, known for her contributions to the Nigerian music and film industry, leaves behind a legacy that will be remembered for generations.
In a significant move to ensure the stability of Nigeria’s financial system, the Central Bank of Nigeria (CBN) has announced the immediate revocation of Heritage Bank Plc’s banking license.
The decision came after the bank breached Section 12 (1) of the Banks and Other Financial Act (BOFIA) 2020, with the bank’s Board and Management unable to improve its financial performance despite various supervisory measures prescribed by the CBN.
Biztellers reports that the CBN found that the bank’s declining financial situation posed a threat to the overall stability of Nigeria’s financial system.
Consequently, the CBN took decisive action to revoke the bank’s license and appointed the Nigeria Deposit Insurance Corporation (NDIC) as the Liquidator.
This step is intended to strengthen public confidence in the banking system and ensure its continued soundness.
In a press release, Mrs. Hakama Sidi Ali, Acting Director of Corporate Communications at the Central Bank, assured the public that Nigeria’s financial system remains robust and stable.
The CBN’s decision to revoke Heritage Bank’s license underscores its unwavering commitment to taking all necessary measures to safeguard the financial system and protect depositors’ interests.
As the situation unfolds, the banking community and the general public are closely monitoring the ongoing developments related to Heritage Bank and the broader implications for Nigeria’s financial sector.
Precious ADELOLA
The NNPC/Aiteo Joint venture has announced the introduction of Nembe Crude Oil Grade, a new crude oil grade into the international crude oil market.
The announcement of the Nembe Crude Oil Blend, produced by Aiteo, the Operator of the NNPC/Aiteo Oil Mining Lease (OML) 29 Joint Venture (JV), was made at the ongoing Argus European Crude Conference in London, on Tuesday.
OML 29, an asset located onshore Nigeria, is operated by Aiteo Eastern Exploration & Production Ltd, Africa’s leading indigenous hydrocarbon producer, following a historic acquisition from Shell in 2014.
NNPCL Boss, Engr. Mele Kyari
The Nembe Crude was previously blended with the popular Bonny Light grade and exported via the Bonny Oil & Gas Terminal.
The unique selling point of the Nembe Crude Oil grade with an API gravity was highlighted by both the Aiteo E & P and NNPC Limited Leadership at the Argus Conference in London.
The Nembe Crude Oil grade also has a low sulphur content and low carbon footprint due to flare gas elimination, fitting perfectly into the required spec of major buyers in Europe.
Two cargoes of 950,000 barrels each of the Nembe Crude Oil grade have since been exported to France and the Netherlands. With its attractive Assay of API 29 and low sulphur content, the Nembe Crude Oil grade commands a premium to the global Brent benchmark.
With the NNPC-Aiteo OML 29 JV back on-stream, Nigeria now boasts of an additional crude oil export of 2 Cargoes at 950,000 barrels each per month and 1.2 Bcf of export gas monthly.
This remarkable achievement signals the commencement of activities at Nigeria’s newest crude oil terminal, the Nembe Crude Oil Export Terminal (NCOET), which was licensed in line with the extant laws and Crude Oil Terminal establishment regulations.
The terminal was conceived as a Floating Storage and Offloading Vessel (FSO) with a storage capacity of two (2) Million Barrels and the ability to offload crude oil to any export tanker from AFRAMAX to Very Large Crude Carriers (VLCC).
It has a loading capacity of 25,000 barrels per hour and will be exporting over 3.6 million barrels of Crude oil monthly at full scale of operation.
Currently, hydrocarbon production from OML 29, which was hitherto constrained due to evacuation challenges owing to the security issues around the Nembe Creek Trunk Line (NCTL) corridor, has now been resolved through a collaborative and creative approach that led to the innovation of the Alternative Crude Oil Evacuation Solution.
The Argus European Crude Conference 2023 in London is a gathering of energy majors, refiners, NOCs, traders, financial institutions, and other representatives from across the global oil markets. The event also provides a critical opportunity for business leaders to connect, discuss, share and learn from one another.
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