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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
Terrorists release video of kidnapped palace servant in Zamfara
Terrorists release video of kidnapped palace servant in Zamfara
In a video, a servant of the Emir of Zamfara named Alhaji Buhari (Shamaki) has pleaded to the monarch to intercede in their release.
Last week, bandits raided the palace of Zurmi’s Emir, Alhaji Bello Muhammad Bunu, killing three persons and abducting some local inhabitants.
According to locals, the bandits raided the town at 10 p.m. on Wednesday and targeted the mansion of Nasarawa State’s former Military Administrator, Colonel Bala Muhammad Mande (rtd).
The Emir was, however, whisked away by the security agents to Gusau.
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In the video, the abducted men were seen with eyes blocked with pieces of cloths while being surrounded by armed bandits, while one of them (Shamaki) urged the Emir to show compassion and aid in their release.
Invoking the name of Allah for mercy and support, he said they are over 600 individuals in dire need for assistance to go back and continue providing food for their families.
He said: “We are calling on the Emir of Zamfara to have sympathy for us, in the name of Allah, and help our release. In the name of Allah, the Emir should have sympathy for us.
“We are just looking for what to eat and feed their families. Even if one has nothing, waking up with something to eat and feed his family is enough. I am your Shamaki, Alhaji Buhari. Please and please, Your Highness, help us your people who are in extreme need for your help. We are over 600 in the bush.”
Terrorists release video of kidnapped palace servant in Zamfara
(DailyTrust)
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Appeal court takes over NURTW case as NIC withdraws
Appeal court takes over NURTW case as NIC withdraws
The National Industrial Court has withdrawn from a case involving Alhaji Najeem Usman Yasin, Board of Trustees chairman of the National Union of Road Transport Workers (NURTW), and Alhaji Tajudeen Ibikunle Baruwa’s ambition to return as president of the union over lack of jurisdiction.
The industrial court’s decision was made to avoid conflict with the Court of Appeal, where the matter is already being heard.
Before the NIC announced its decision to hands-off the case, the defendants’ counsel, Mr. O.I. Olorundare SAN, had informed the court that the matter is currently before the Court of Appeal, Abuja division, and that the industrial court could not continue to adjudicate on the same matter.
The counsel cited authorities to support his claim, adding that the National Industrial Court does not have concurrent jurisdiction with the Court of Appeal.
The presiding judge, O.O. Oyewunmi, struck out the case, stating that the Appeal Court had taken over the matter and that the Industrial Court must respect the hierarchy of courts.
Alhaji Yasin and six others took the case to the Appeal Court, challenging the decision of the industrial court recognising a delegates’ conference held on May 24, 2023, where Baruwa was proclaimed as President of the union for a second term in office.
With the latest NIC judgement, both parties will now proceed to defend their positions at the Court of Appeal and await the final judgement.
metro
Inspector arrested with snatched car
Inspector arrested with snatched car
A Police Inspector, Nkwa Nnamdi, attached to 23 Police Mobile Force, Keffi, Lagos State, has been arrested and detained for being in possession of a car snatched at gunpoint.
This was after an unregistered Toyota Camry saloon car snatched at gunpoint was found in his possession.
Incidentally, the car was reported stolen by an Assistant Superintendent of Police, M. Alamutu, attached to 2 PMF, Keffi, Lagos State.
The car belonged to Alamutu’s younger brother, Daniel Ayomide, and was snatched at gunpoint on April 22.
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When Inspector Nnamdi was questioned on how he got the car, he claimed that the vehicle was handed over to him by a man he simply identified as Evans at Eternal Filling Station, Iju Road, Lagos State for him to drive the vehicle to Benin in Edo State.
A Situation Report stated: “On 23rd of April at about 4pm, an information was received from ASP Alamutu attached to 2PMF Keffi Lagos, that his younger brother namely, Daniel Ayomide unregistered Toyota Camry s/car white colour was stolen on gun point on the 22rd of April 2024 at about 8:30pm, was sighted along Iju road.”
Inspector arrested with snatched car
Terrorists release video of kidnapped palace servant in Zamfara
Man who has lived in America for over 13 years says he’s tired, wants to return home
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