The National Broadcasting Commission filed an application to have its judgment prohibiting it from fining broadcast stations across the nation set aside, but it was denied by an Abuja Federal High Court.
The Media Rights Agenda filed a lawsuit against NBC on March 1, 2019, alleging that the company had fined Channels, TVC, AIT, and forty-two other parties N500,000 apiece for violating the Nigerian broadcasting code.
According to MRA, the commission’s actions violated both Article 7 of the African Charter on Human and Peoples Rights (ratification and Enforcement) Act and Section 36 of the 1999 Constitution (as amended), which guarantees the right to a fair hearing.
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On May 10, Justice James Omotosho issued a permanent injunction prohibiting NBC from charging broadcast stations with fines.
The N500,000 fines that the commission levied on each of the 45 broadcast stations on March 1, 2019, for allegedly breaking its code, were also overturned by the judge.
Following the delivery of the judgment, NBC, via its attorney, filed a notice motion seeking an order to set aside the judgment, stating that it was rendered per incuriam and lacked jurisdiction.
Additionally, NBC asserted that they were not served with the initial motion in the lawsuit in which the judgment was rendered.
Omotosho rendered a ruling on the subject on Thursday, stating that Section 6 of the Constitution, which grants the court of law judicial power, conflicts with the NBC Code, which grants the commission the authority to impose sanctions.
He pointed out that NBC tried in vain to get the court to overturn the ruling.
According to Omotosho, the court bailiff’s affidavit of facts attested to the fact that the commission received the process serving it.
“This is a fruitless attempt to have this judgment set aside by the court. The respondent ought to pay the price for its carelessness.
At the end of the day, it is a belated and afterthought. This denies the application to have the judgment set aside.