Why Appeal Court Dismissed NBS’s Bid to Overturn Judgement on Imposition of Fines on Broadcast Stations
Oru Leonard
Lagos, April 2, 2026 — The Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC), seeking to overturn a Federal High Court judgment that barred it from imposing fines on broadcast stations.
The appellate court, in a unanimous decision, upheld the earlier ruling which restrained the commission from sanctioning radio and television stations and nullified the N500,000 fines imposed on 45 broadcasters on March 1, 2019, over alleged breaches of the Nigeria Broadcasting Code.
The case, initiated by Media Rights Agenda (MRA), challenged the legality of NBC’s authority to impose fines. The judgment marks the first victory for MRA in two separate appeals involving similar disputes with the commission.
Explaining the rationale behind the decision, the Court of Appeal held that the NBC’s appeal lacked merit, particularly as the commission failed to defend the original suit at the Federal High Court. Delivering the lead judgment, Justice Oyejoju Oyebiola Oyewumi agreed with MRA’s counsel, Mr. Ezenwa Anumnu, that the commission could not raise fresh arguments on appeal after failing to contest the case at the lower court.
The appellate court also reaffirmed the earlier position of the Federal High Court, delivered by Justice James Omotosho on May 10, 2023, which held that fines are criminal sanctions that can only be imposed by courts of law. The court ruled that the NBC, not being a judicial body, lacks the constitutional authority to determine guilt or impose such penalties.
Justice Omotosho had also dismissed a subsequent motion by the NBC in November 2023 seeking to set aside the judgment, describing it as an afterthought since the commission had been duly served but failed to appear in court.
The three-member panel of the Court of Appeal, which included Justices Abba Bello Mohammed and Donatus Uwaezuoke Okorowo, unanimously agreed with the lead judgment.
Meanwhile, a second appeal filed by the NBC against another Federal High Court ruling delivered on January 17, 2024, by Justice Rita Ofili-Ajumogobia, remains pending. The case relates to fines of N5 million imposed in 2022 on a television station and three pay-TV platforms over documentaries on banditry, which the commission alleged undermined national security. Judgment in that appeal has been reserved after arguments were heard on March 25, 2026.
The ruling reinforces judicial authority over criminal sanctions and sets a significant precedent for broadcast regulation in Nigeria.
