The Court of Appeal sitting in Abuja has struck out an appeal filed by the National Broadcasting Commission (National Broadcasting Commission), effectively affirming a Federal High Court judgment that barred the commission from imposing fines on broadcast stations.
The appellate court held that the appeal was incompetent and fundamentally defective, describing the Notice of Appeal as one that failed to invoke the court’s jurisdiction.
With the ruling, the Media Rights Agenda (Media Rights Agenda) secured another legal victory against the broadcast regulator in a long-running dispute over the legality of administrative sanctions imposed on media organisations.
Delivering the lead judgment, Justice Jane Esienanwan Inyang held that there were fatal inconsistencies in the identity of the appellant as presented before the court, a defect she said went to the root of the case.
The court noted that while the original suit at the Federal High Court was instituted against the National Broadcasting Commission, the Notice of Appeal filed at the appellate court erroneously described the appellant as the “Nigerian Broadcasting Commission.”
According to the court, the discrepancy was not a mere technicality but a fundamental flaw that robbed the appeal of legal validity.
“The Notice of Appeal and accompanying processes are fundamentally defective and cannot confer jurisdiction on this court,” the judge held, adding that “there is no competent appeal before the court.”
The court consequently struck out the appeal in its entirety.
The dispute stemmed from a January 17, 2024 judgment of the Federal High Court in Abuja, which nullified fines imposed by the NBC on several broadcast organisations, including Multichoice Nigeria Limited (DSTV), TelCom Satellite Limited (TSTV), Trust-TV Network Limited, and NTA-Startimes.
The lower court had ruled that the commission acted beyond its powers by imposing monetary penalties, holding that such sanctions amount to criminal punishment that can only be imposed by a court of law.
It also declared that the fines violated constitutional guarantees of freedom of expression under Section 39 of the 1999 Constitution, as well as protections under the African Charter on Human and Peoples’ Rights.
In Wednesday’s ruling, the Court of Appeal reinforced the principle that jurisdiction is fundamental and cannot be conferred by consent, waiver, or participation of parties.
The appellate court further stressed that a valid Notice of Appeal is the foundation of any appellate process, without which a court cannot assume jurisdiction.
The judgment marks another setback for the NBC, which had sought to overturn earlier decisions restricting its power to sanction broadcast stations through fines.
At the hearing, the commission was represented by counsel from SimmonsCooper Partners, while Media Rights Agenda was represented by a legal team led by Senior Partner Ezenwa Anumnu.
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