The Nigerian Guild of Editors has commended the Federal High Court Abuja, for putting a restraining order on the National Broadcasting Commission NBC from imposing fines on broadcast stations in the country.
As reported by YourCitiNews, the court in a judgment by Justice James Omotosho, said that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations in the country.
The judge made the pronouncement while ruling on a suit marked FHC/ABJ/CS/1386/2021, filed against the NBC by the Incorporated Trustees of Media Rights Agenda.
In the judgment, Justice Omotosho set aside a fine of N500, 000 each imposed by the NBC on 45 broadcast stations on March 1, 2019.
Reacting to the court judgment, the Nigerian Guild of Editors, in a statement on Wednesday signed by its President, Mustapha Isah, and General Secretary, Dr. Iyobosa Uwugiaren, commended the MRA for mustering the courage to test “the draconian NBC Act.”
“Justice Omotosho’s ruling on Wednesday justified our consistent position that the NBC cannot be the accuser, investigator and judge on matters relating to alleged breach of the Broadcast Code.
“Our stand has always been that an independent body or institution should be the one to examine any perceived infraction by the broadcast stations, which should be given the opportunity to defend themselves.
“The court is right in its ruling by saying that it would not sit idle and watch a body imposing unnecessary fine without recourse to the law.” the judgment vindicated the position of the editors, the NGE added.
The judge ruled that the NBC Code, which gives the commission the power to impose sanction on broadcast stations, was in conflict with Section 6 of the 1999 Constitution that vested judicial powers in the court of law.
The judge agreed with the plaintiff that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
