The National Broadcasting Commission (NBC) has lodged an appeal against a federal court’s decision preventing the imposition of fines on broadcast stations.
The appeal, filed in Abuja, contends that Judge James Omotosho erred in upholding the order restricting the agency from imposing fines.
In May 2023, the federal high court in Abuja ruled against NBC’s authority to penalise broadcast stations and nullified fines imposed on 45 stations, including Channels Television, TVC, AIT, and NTA, for alleged ethical violations during the 2019 general election.
The fines, set at N500,000 each, were instituted by then director-general Is’haq Kawu.
The Media Rights Agenda (MRA) challenged the fines, asserting a violation of the right to a fair hearing. In response, NBC sought to dismiss the order, claiming ignorance of relevant facts and citing prior court decisions.
However, in November 2023, Judge Omotosho rejected NBC’s motion, noting the commission’s failure to appear before the court.
In its appeal, NBC argues that the lower court failed to consider the “deceitfully obtained” nature of the order.
The commission contests the judge’s interpretation of “res judicata,” asserting that it is a jurisdictional ground for setting aside a default judgment.
NBC further claims that the judge’s refusal to revisit the ruling contradicts his acknowledgment of exceptions to the principle of functus officio.
The statement from MRA’s communication officer, Idowu Adewale, highlights NBC’s grounds of appeal, emphasizing errors in the judge’s legal reasoning and the commission’s contention that a party victimized by a fraudulently obtained default judgment is entitled to court indulgence, even when seeking to set aside the judgment belatedly.
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