The Court of Appeal sitting in Abuja has affirmed a Federal High Court decision restraining the National Broadcasting Commission (NBC) from imposing fines on broadcast stations, dismissing the Commission’s appeal for lacking merit.
In a unanimous judgement delivered by Justice Oyebiola Oyewumi, the appellate court upheld the earlier ruling and nullified the fines imposed on 45 radio and television stations on March 1, 2019, over alleged breaches of the Nigeria Broadcasting Code. The three-member panel was led by Justice Abba Mohammed, with Justice Donatus Okorowo also sitting.
The dispute originated from a suit filed in November 2021 by Media Rights Agenda (MRA), challenging the legal authority of the NBC to impose monetary sanctions on broadcasters.
In its earlier judgement delivered on May 10, 2023, Justice James Omotosho of the Federal High Court ruled in favour of MRA after the NBC failed to appear and defend the action. The court held that fines are criminal sanctions which, under Nigerian law, can only be imposed by a court of law.
Justice Omotosho further declared that the NBC lacked the judicial authority to determine guilt or impose penalties, stating that the Commission’s actions were unconstitutional. Consequently, the court set aside the ₦500,000 fines imposed on each of the affected stations.
Dissatisfied, the NBC returned to the same court in July 2023, seeking to overturn the judgement on jurisdictional grounds. However, in November 2023, the court dismissed the application, describing it as an afterthought and noting that the Commission had been properly served but failed to participate in proceedings.
The NBC subsequently appealed the decision in July 2024. At the hearing on February 4, 2026, its counsel, Victor Ogude, represented by Kehinde Wilkey, urged the appellate court to allow the appeal, while MRA’s counsel, Ezenwa Anumnu, opposed the application.
In resolving the matter, the Court of Appeal agreed with MRA that the NBC could not introduce fresh arguments on appeal after failing to contest the case at the trial stage. The court therefore dismissed the appeal in its entirety.
The ruling marks a significant legal victory for MRA, securing its position in one of two ongoing appeals involving the NBC over its regulatory powers to impose fines.
A related appeal remains pending before the Court of Appeal, arising from a January 17, 2024 judgement delivered by Justice Rita Ofili-Ajumogobia. In that case, the NBC is challenging a ruling that set aside fines of ₦5 million imposed on a television station and three pay-TV platforms over alleged broadcasts deemed to undermine national security.
Judgement in the second appeal has been reserved after arguments were heard on March 25, 2026.
