The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC), affirming a landmark ruling that bars the regulator from imposing fines on broadcast stations across Nigeria.
In a unanimous judgement delivered by Justice Oyebiola Oyewumi on behalf of a three-member panel led by Justice Abba Mohammed, the court upheld the earlier decision of the Federal High Court and nullified penalties imposed on 45 radio and television stations on March 1, 2019, over alleged breaches of the Nigeria Broadcasting Code.
Justice Donatus Okorowo was the third member of the panel.
The ruling followed a suit filed by Media Rights Agenda in November 2021, challenging the legal authority of the NBC to sanction broadcasters.
The Federal High Court had, in a judgement delivered on May 10, 2023, by Justice James Omotosho, ruled in favour of the rights group after the NBC failed to appear in court to defend the case.
In that decision, the court held that fines are punitive sanctions that can only be imposed by a court of law.
The judge declared that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations, notwithstanding what the NBC Code says,” and ruled that the commission’s actions were inconsistent with constitutional provisions.
Efforts by the NBC to overturn the judgement at the Federal High Court were dismissed in November 2023, with the court describing the application as “futile and an afterthought.”
Dissatisfied, the commission approached the Court of Appeal in July 2024, seeking to set aside the ruling.
During proceedings, NBC’s counsel, Victor Ogude, adopted his arguments, while Ezenwa Anumnu represented Media Rights Agenda.
In its final decision, the appellate court held that the NBC, having failed to contest the case at the lower court, could not introduce fresh objections at the appeal stage.
Justice Oyewumi ruled that the appeal lacked merit and dismissed it.
The judgement marks a significant legal victory for Media Rights Agenda in its ongoing efforts to limit the regulatory powers of the NBC concerning financial sanctions on broadcasters.
A second appeal by the NBC, challenging a similar Federal High Court ruling delivered on January 17, 2024, by Justice Rita Ofili-Ajumogobia, remains pending. The Court of Appeal heard arguments in that case on March 25, 2026, and has reserved judgement.
