NBC seeks fresh appeal over ruling voiding broadcast fines

The National Broadcasting Commission (NBC) has initiated a move to appeal a Federal High Court judgment that stripped it of its authority to impose fines on broadcast stations. The commission has approached the Court of Appeal in Abuja, seeking permission to file a new appeal against the January 10, 2024, ruling.

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fundamentally defective

This action follows the Court of Appeal's June 17, 2026, decision, which struck out the NBC's initial appeal. The court deemed the first appeal "fundamentally defective" and incompetent, leading to its dismissal. The case originated from a lawsuit filed by the Media Rights Agenda (MRA) challenging the NBC's imposition of N5 million fines on several broadcasters, including Multichoice Nigeria Limited, TelCom Satellite Limited, Trust-TV Network Limited, and NTA Startimes Limited.

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the commission acted unlawfully and unconstitutionally in imposing the fines, ruling that the NBC lacked the authority to sanction broadcasters because it is not a court of law.

These fines were levied after the broadcasters aired documentaries discussing banditry and insecurity in Zamfara State, which the NBC alleged undermined national security. However, Justice Rita Ofili-Ajumogobia of the Federal High Court ruled that the NBC acted unlawfully and unconstitutionally, stating the commission lacked the legal authority to sanction broadcasters as it is not a court of law.

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the judgment raised issues of exceptional public importance concerning its statutory powers to regulate broadcasting and enforce compliance with broadcasting standards in Nigeria.

In its fresh application, the NBC contends that the judgment raises critical issues of exceptional public importance concerning its statutory powers to regulate broadcasting and enforce standards. The commission warns that if the judgment stands without further appellate review, it could lead to significant uncertainty regarding its regulatory powers and weaken the overall framework governing Nigeria's broadcasting industry. The NBC fears this could encourage non-compliance with broadcasting standards and facilitate the spread of misinformation.

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the subsisting judgment is capable of creating significant uncertainty regarding the commission’s regulatory powers and its ability to effectively discharge its statutory mandate.