The Court of Appeal in Abuja has affirmed a landmark judgement barring the National Broadcasting Commission (NBC) from imposing fines on broadcast stations for alleged violations of its code.

In a unanimous decision, the appellate court dismissed NBC’s appeal, ruling that it was incompetent and lacked merit. The court thereby upheld the earlier judgement delivered by the Federal High Court in 2023.

Delivering the lead judgement, Oyejoju Oyebiola Oyewumi held that NBC could not challenge issues at the appellate level that it failed to contest during proceedings at the trial court. She concluded that the commission’s arguments did not justify overturning the lower court’s decision.

The ruling reinforces the earlier judgement by Justice James Omotosho of the Federal High Court, who declared NBC’s practice of fining broadcast stations unlawful and unconstitutional. He had issued a perpetual injunction restraining the commission from imposing such sanctions.

Justice Omotosho had also nullified the ₦500,000 fines imposed on 45 broadcast stations on March 1, 2019, stating that NBC, as an administrative body, lacks the legal authority to exercise judicial powers.

The court emphasised that under Section 6 of Nigeria’s 1999 Constitution, only courts of law are vested with judicial powers, and that the NBC Code, being a subsidiary legislation, cannot override constitutional provisions.

It further held that the commission acted beyond its powers by assuming multiple roles—complainant, investigator, judge, and beneficiary of fines—thereby violating principles of natural justice and fair hearing.

The case was originally instituted by the Media Rights Agenda, which challenged the legality of the sanctions. The group argued that NBC’s procedures breached constitutional guarantees, including the right to fair hearing.

With the appeal dismissed, the ruling firmly establishes that NBC cannot impose financial penalties on broadcasters, reinforcing the doctrine of separation of powers and limiting the regulatory authority of the commission to non-judicial measures.