Court Bars NBC from Imposing Sanctions, Withdrawing Licences Of Media Houses
The Lagos Division of the Federal High Court has restrained the National Broadcasting Commission (NBC) from sanctioning or penalizing broadcast stations, including the withdrawal of their licences, in a landmark judgment delivered by Justice Nicholas Oweibo.
The ruling was secured by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID).
The judgment, delivered on June 13, 2024, and obtained as a Certified True Copy by SERAP on Friday, declared the actions of NBC in imposing fines and other sanctions as unconstitutional and a violation of media freedom.
Justice Oweibo directed the regulatory body to cease using the NBC Act and the Nigeria Broadcasting Code to “impose fines, threaten sanctions, harass, or intimidate broadcast stations and other independent media outlets in the country.”
He emphasized that such practices infringe on the Nigerian Constitution, specifically Sections 6(1), 6(b), and 36(1), as well as international treaties such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The court further ruled that NBC and its agents lack the legal power to unilaterally impose penalties, including fines, suspensions, or license withdrawals, on independent media houses.
Justice Oweibo maintained that such actions contravene principles of legality, necessity, and proportionality, which are critical to upholding freedom of expression and access to information.
This case stemmed from a 2022 incident in which NBC imposed a N5 million fine on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited, and TelcCom Satellite Limited for airing a BBC Africa Eye documentary titled “Bandits Warlords of Zamfara.”
The commission alleged that the documentary glorified bandit activities and undermined national security.
Justice Oweibo, however, described NBC’s actions as unlawful, ruling that the fine violated the rights to freedom of expression and media independence.
He added that the imposed penalty breached international principles, which Nigeria, as a state party, is bound to uphold.
Justice Oweibo also addressed objections regarding the legal standing of SERAP and CJID to initiate the suit. He upheld their locus standi, asserting that the case was filed in the public interest.
“SERAP and CJID are not meddlesome interlopers,” he said, noting that the Fundamental Rights (Enforcement Procedure) Rules of 2009 allow organizations with mandates to protect public interest to bring such actions.
The judge stated that the arguments presented by SERAP and CJID reflected their commitment to defending freedom of expression and access to information, essential pillars of democracy.
Justice Oweibo issued a perpetual injunction barring NBC or any authority from imposing unlawful fines, suspending licenses, or intimidating media houses.
He ordered that independent media houses must not be punished for providing diverse and critical information on issues of public importance.
This judgment is considered a significant victory for press freedom and the protection of journalists in Nigeria, setting a precedent that reinforces constitutional rights and media independence.
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