Court of Appeal Dismisses NBC’s Bid to Reinstate Power to Fine Broadcasters

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The Court of Appeal in Abuja has dismissed an appeal filed by the National Broadcasting Commission (NBC) challenging a Federal High Court judgment that restrained it from imposing fines on broadcast stations across Nigeria.

Delivering judgment, Justice Jane Esienanwan Inyang held that the appeal was “fundamentally defective” and therefore incompetent, effectively striking it out without considering the substantive issues raised.

The case stemmed from a January 17, 2024 ruling by Justice Rita Ofili-Ajumogobia of the Federal High Court in Abuja, which barred the NBC from enforcing N5 million sanctions previously imposed on several media organisations in 2022. The fines had been issued over allegations that the affected stations aired documentaries considered to undermine national security by focusing on banditry and insecurity.

The broadcasters involved included Multichoice Nigeria Limited, owners of DStv, TelCom Satellite Limited (TSTV), Trust TV Network Limited, and NTA StarTimes Limited. The suit was instituted by Media Rights Agenda (MRA), a media advocacy group that challenged the legality of the NBC’s sanctions.

In her ruling, Justice Inyang pointed out a key procedural defect in the appeal documents, noting a discrepancy in the naming of the appellant. While the Federal High Court listed the respondent as the “National Broadcasting Commission,” the notice of appeal referred to the “Nigerian Broadcasting Commission.”

The court held that the inconsistency was material and fatal to the case, stating that a valid notice of appeal is a fundamental requirement for the exercise of appellate jurisdiction.

“The notice of appeal is the foundation of an appeal and a condition precedent to the exercise of appellate jurisdiction by this court,” Justice Inyang ruled.

The decision represents another setback for the NBC in its long-running legal battle over its authority to impose fines on broadcast stations. In April 2026, the Court of Appeal had also dismissed a similar appeal by the commission in a related matter.

Earlier rulings have consistently questioned the commission’s sanctioning powers. In May 2023, the Federal High Court in Abuja held that the NBC lacked the legal authority to impose penalties on media organisations without judicial approval.

The dispute over the NBC’s regulatory powers dates back several years, including a controversial 2019 sanction in which 45 broadcast stations were fined N500,000 each for alleged violations of the Nigerian Broadcasting Code during the general elections.

The latest judgment further strengthens judicial precedent limiting the commission’s ability to impose fines independently, reinforcing the requirement for due legal process in media regulation.

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