metro
Court bars NBC from imposing fines on broadcast stations
Court bars NBC from imposing fines on broadcast stations
A Federal High Court Abuja, on Wednesday, gave an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.
Justice James Omotosho, in a judgement, also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.
He said the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to.enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
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“This will go against the doctrine of separation of powers,” he said.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.
“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
The News Agency of Nigeria (NAN) reports that the NBC had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.
However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.
In the motion dated Nov. 9, 2021 by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.
The lawyer also said that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”
They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.
They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”
Delivering the judgment, Justice Omotosho decsribed the NBC’s act as being ultra vires.
He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.
The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.
Court bars NBC from imposing fines on broadcast stations
(NAN)
metro
Lagos govt revokes allocations of unoccupied housing units
Lagos govt revokes allocations of unoccupied housing units
By Dada Jackson
Lagos State Government has revoked housing units allocated to subscribers but unoccupied for over two years.
The unoccupied units are said to be constituting nuisance in some of the housing estates due to unkept premises, poor maintenance schedule and other negative consequences.
This was disclosed by the state Commissioner for Housing, Hon. Moruf Akinderu-Fatai, during a visit to enforce the directive of Governor Babajide Sanwo-Olu at one of the Lagos State housing estates Sangotedo, Lekki.
He said the revocation was a directive of the state governor based on empirical evidences that most allottees kept the housing units under lock and key while the state continued to feel the pressure of prospective subscribers who need them.
The commissioner inspected some of the sealed blocks and flats and stated that the exercise was done irrespective of whether the allottee made full payment or applied under the Rent-To-Own scheme.
Hon Akinderu-Fatai Saïd, “Lagos State Government Housing Units are meant for those who actually need them and not speculators.”
He stressed that the various initiatives of the Sanwo-Olu-led administration to increase the housing stock of the state would not be sacrificed for the interest of the privileged few.
The Commissioner said, “Applying for a Rent-To-Own scheme presupposes the allottee is in desperate need of accommodation. Why should such allotted flats be left unoccupied after two years?”
He reiterated that the state government would not allow its investment and state-of-the-art housing infrastructure to rot away while genuine home seekers lament.
The commissioner reaffirmed that the ministry “will refund such allottees and reallocate the housing units to other Lagosians who are ready to put the houses to use immediately”.
The commissioner stated that the rule in the letter of allocation given to allottees indicates “allocated housing estate flats should be occupied three months after allocation and keys released to beneficiaries”.
The estates have shared facilities that should be maintained with the contribution of all allottees.
In the last five years the administration of Mr Babajide Sanwo-Olu has commissioned 21 housing estates through direct intervention and public private partnerships.
The housing estates spread across the state are provided with infrastructure facilities for decent living.
metro
Gunmen kill two soldiers in Abia checkpoint attack
Gunmen kill two soldiers in Abia checkpoint attack
Early Wednesday morning, gunmen attacked an army checkpoint in Ekenobizi, a border community between Abia and Imo states, located in Umuopara, Umuahia South Local Government Area.
The assailants reportedly arrived around 6:18 a.m. in a white Lexus SUV (model 350/400) and launched an assault that resulted in the deaths of two soldiers.
A military source, who wished to remain anonymous, provided details of the incident but could not confirm the exact number of attackers involved.
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Confirming the incident in a press release on Wednesday, Lieutenant Colonel Jonah Unuakhalu of the Joint Task Force South East Operation UDO KA said: “In the early hours of today, 13 November 2024, troops of the Joint Task Force South East Operation UDO KA, deployed at a checkpoint along the Umuahia – Owerri Road in Umuahia South Local Government Area of Abia State, came under attack by the irredentist group Indigenous People of Biafra and its armed affiliate, the Eastern Security Network.
“During the attack, the gallant troops were able to repel the assault, forcing the attackers to retreat in disarray with gunshot wounds, abandoning one Sienna and one Lexus Jeep used in the attack. However, in the ensuing firefight, two soldiers paid the supreme price.”
The Joint Task Force appealed to residents of the South East, particularly those in Abia State, for credible information to help track down the fleeing attackers and combat criminal elements in the region.
The force reiterated its commitment to protecting lives and property in line with global best practices and the rules of engagement.
Gunmen kill two soldiers in Abia checkpoint attack
metro
94 arrested as task force raids Lagos rail corridor squatters
94 arrested as task force raids Lagos rail corridor squatters
At least 94 illegal occupants and squatters along the railway corridor from Pen Cinema to Fagba were arrested by the Lagos State Taskforce in an early morning sting operation on Wednesday.
During the raid, substances suspected to be hard drugs—such as Indian hemp, colorado, and other harmful drugs—were seized, along with various weapons.
It was gathered that those arrested attempted to resist the task force’s actions.
In a statement, Director of Public Affairs, Gbadeyan Abdulraheem, confirmed that those arrested will face prosecution.
He added that the agency dismantled shanties and makeshift structures along the railway corridor, clearing a distance of some kilometers.
The Taskforce Chairman Adetayo Akerele explained that the eviction aimed to provide relief for residents around the Fagba, Agege, and Pen Cinema railway routes, following numerous complaints from the public about criminal activities in the area.
He noted that the squatting had violated environmental and sanitary regulations.
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Akerele also highlighted the health and safety risks posed by the presence of squatters along the rail corridor.
He warned the evicted individuals not to return and assured residents and train passengers that regular patrols and surveillance would be conducted to prevent the re-establishment of shanties in the area.
“The rail tracks are not meant for habitation or the sale of narcotics. Anyone caught converting this place into a den of criminals or an area of residence will face severe consequences according to the law,” Akerele was quoted as saying.
Speaking on the raid, Commissioner for Environment and Water Resources, Tokunbo Wahab, disclosed that a locally fabricated short gun was recovered.
“94 suspects were arrested during the midnight operation; a locally fabricated short gun and several wraps of illicit substance suspected to be indian hemp, charm and a jack knife were recovered.
“The suspects will be charged to court accordingly,” Wahab stated in a post on X.
94 arrested as task force raids Lagos rail corridor squatters
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