The Federal High Court in Lagos has ruled that the National Broadcasting Commission (NBC) lacks the authority to impose fines, sanctions, or harass media houses, marking a significant win for press freedom in Nigeria.
Case Overview
Justice Nicholas Oweibo, in his judgment, declared that the NBC’s unilateral penalties violate constitutional rights to freedom of expression, access to information, and media independence. The case arose from fines totaling ₦5 million imposed in 2022 on Trust TV, Multichoice Nigeria, NTA-Startimes, and Telcom Satellite over a BBC documentary, “Bandits Warlords of Zamfara,” which NBC claimed glorified terrorism.
The lawsuit, filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Centre for Journalism Innovation and Development (CJID), challenged the NBC’s actions as unlawful and unconstitutional.
Key Judgments
Justice Oweibo’s ruling included:
- Nullification of ₦5 Million Fines: Declaring the fines illegal and inconsistent with constitutional protections.
- Judicial Oversight Requirement: Stating that regulatory sanctions must involve judicial scrutiny to ensure fairness.
- Protection of Media Freedom: Affirming that the NBC Act and Broadcasting Code cannot override constitutional guarantees or international human rights treaties.
The court emphasized principles of nemo judex in causa sua (no one should judge their own case) and audi alteram partem (the right to a fair hearing).
Implications for Media and Governance
The judgment strengthens legal protections for press freedom in Nigeria, curtailing the NBC’s regulatory overreach. By reaffirming the judiciary’s role in safeguarding constitutional rights, it sets a precedent against arbitrary actions targeting independent media.
SERAP’s Deputy Director, Kolawole Oludare, hailed the ruling as a victory for the rule of law, urging the NBC and President Bola Tinubu’s administration to implement the judgment swiftly.
This landmark decision reaffirms that independent journalism plays a vital role in promoting accountability and addressing national security challenges through public discourse.