The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC) seeking to overturn a Federal High Court ruling that barred it from imposing fines on radio and television stations.
Delivering the lead judgment, Justice Oyebiola Oyewumi, on behalf of a three-member panel, upheld the lower court’s decision and nullified fines imposed by the NBC on 45 broadcast stations on March 1, 2019, for alleged violations of the Nigeria Broadcasting Code.
The panel, presided over by Justice Abba Mohammed, with Justice Donatus Okorowo as a member, ruled unanimously against the Commission.
According to a statement by the Communications Officer of Media Rights Agenda (MRA), Idowu Adewale, the appellate court’s decision arose from a suit filed by the organisation in November 2021 challenging the NBC’s authority to impose fines on broadcasters.
In its earlier judgment delivered on May 10, 2023, the Federal High Court, presided over by Justice James Omotosho, ruled in favour of MRA after the NBC failed to enter a defence.
The court held that fines are punitive sanctions for criminal offences and, under Nigerian law, can only be imposed by courts of competent jurisdiction.
Setting aside the ₦500,000 fines levied on each of the affected stations, Justice Omotosho declared that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations, notwithstanding what the NBC Code says.” He further held that the Commission’s actions violated constitutional provisions.
Dissatisfied with the ruling, the NBC filed a motion in July 2023 asking the same court to set aside its judgment, arguing that it lacked jurisdiction and failed to consider relevant facts.
However, in November 2023, Justice Omotosho dismissed the application as incompetent and an afterthought, noting that the Commission had been duly served but failed to appear in court.
The NBC subsequently appealed the decision in July 2024.
At the hearing on February 4, 2026, Victor Ogude (SAN), leading Kehinde Wilkey for the NBC, adopted his brief of argument and made further submissions. Counsel to MRA, Ezenwa Anumnu, also adopted his brief in opposition.
In its judgment, the Court of Appeal agreed with MRA that the NBC, having failed to contest the case at the trial court, could not introduce fresh arguments on appeal.
Justice Oyewumi held that the appeal lacked merit and dismissed it accordingly.
With this ruling, MRA has secured victory in the first of two appeals involving the NBC over separate Federal High Court judgments restraining the Commission from imposing fines on broadcast stations.
The second appeal, filed by the NBC against a similar judgment delivered on January 17, 2024, by Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja remains pending. The Court of Appeal heard arguments in that case on March 25, 2026, and has reserved judgment.
In that matter, the NBC is challenging a ruling stemming from a suit filed by MRA after the Commission imposed ₦5 million fines on a television station and three pay-TV platforms in 2022 for allegedly undermining national security through documentaries on banditry.
