The Court of Appeal in Abuja has struck out an appeal filed by the National Broadcasting Commission (NBC), reaffirming a Federal High Court judgment that bars the commission from imposing fines on broadcast stations.
In a unanimous decision delivered on Wednesday, the appellate court held that the NBC’s appeal was “fundamentally defective” and legally incompetent, thereby depriving the court of jurisdiction to hear the matter.
Justice Jane Inyang, who delivered the lead judgment, noted a critical inconsistency in the identity of the appellant. While the original case at the Federal High Court was between the Incorporated Trustees of Media Rights Agenda and the National Broadcasting Commission, the notice of appeal erroneously listed the appellant as the “Nigerian Broadcasting Commission.”
The court held that the discrepancy amounted to a fundamental legal defect that invalidated the appeal.
“The notice of appeal and the accompanying briefs are fundamentally defective and do not and cannot confer jurisdiction on this court to hear and determine the appeal,” Justice Inyang ruled.
The court further emphasized that a valid notice of appeal is a foundational requirement for appellate jurisdiction, stating that in this instance there was “no appeal in fact and in law.”
The case stems from a January 2024 ruling by the Federal High Court, which declared that the NBC acted unlawfully when it imposed ₦5 million fines on several broadcasters, including MultiChoice Nigeria, TelCom Satellite Limited, Trust TV Network, and NTA-StarTimes.
The sanctions had been issued after the stations aired documentaries on insecurity and banditry in Zamfara State, which the NBC claimed were capable of undermining national security.
However, the court held that the fines violated constitutional protections, including freedom of expression under Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
This latest ruling represents another legal setback for the NBC, which has faced repeated judicial decisions limiting its power to impose financial penalties without court approval.
In previous related judgments, appellate courts have also held that such fines constitute criminal sanctions that can only be imposed by a competent court of law, not an administrative body.
The decision further reinforces judicial checks on regulatory authority over broadcast media in Nigeria.
