Justice James Omotosho, in a ruling on the ex-parte motion moved by the applicants’ counsel, Moyosore Onigbanjo, SAN, rather directed all parties, in the interest of justice, not to take any step that could make the outcome of the suit nugatory.

Although the ruling was delivered on Wednesday, its certified true copy was sighted on Friday.

“The ex-parte order for Interim Injunction dated 8th day of May, 2024 and filed 16th day of May, 2024 is hereby refused,” he declared.

Justice Omotosho then adjourned the matter until May 30 for hearing of the motion on notice.

The News Agency of Nigeria (NAN) reports that MultiChoice Nigeria Limited and Details Nigeria Limited, a provider of the subscription based digital terrestrial television service, known as GOtv, are 1st and 2nd applicants.

In the ex-parte motion marked: FHC/ABJ/CS/652/2024 dated May 8 and filed May 16 by their lawyer, they sued NBC as sole respondent.

The applicants sought three reliefs, including an order of interim injunction, restraining NBC from carrying out any investigations of the companies for the purposes of determining their annual income or NBC levy for the years between 2014 and 2024 pending the hearing and determination of the motion on notice.

They sought an order of interim injunction restraining the NBC from requesting, demanding and or receiving any financial, accounting or tax documents from the companies other than the annual audited accounts of the companies already submitted to the commission.

They said this was in pursuant to Section 2 (10) (b) of the NBC Code 6th Edition for the purposes of determining her remittance of NBC levy for the 2014 to 2024 years of account pending the hearing and determination of the motion on notice.

They sought an order of interim injunction restraining the NBC from requesting, demanding and or receiving any financial, accounting or tax documents from the companies other than the annual audited accounts of the companies already submitted to the commission.

They said this was in pursuant to Section 2 (10) (b) of the NBC Code 6th Edition for the purposes of determining her remittance of NBC levy for the 2014 to 2024 years of account pending the hearing and determination of the motion on notice.

They equally prayed an order of interim injunction restraining the commission from sanctioning, fining or suspending the companies’ license pursuant to the threats contained in its letter dated April 29 to them, pending the hearing and determination of the motion on notice.

In the affidavit deposed to by the companies’ Head of Compliance, Gozie Onumonu, he averred that the firms were mandated under the various NBC Codes to pay a certain percentage of their income as annual NBC levy to the respondent.

He said that the current code; NBC Code 6th Edition, provides for 2.5% of the income of a broadcaster to be paid to the respondent yearly as annual NBC levy while the erstwhile code which was amended in 2019 provides for 1.5% of the income of a broadcaster to be paid to the defendant yearly as annual levy.

He claimed that the companies had never defaulted in paying their annual levy to the commission.

“Income as provided by the NBC Code 6th Edition is not defined neither is it defined in any other previous editions nor in the NBC Act 2004.

“As a result of the lack of definition of what an income is, there was a dispute between the applicants and the respondent in the year 2014 whether income should be turnover or revenue minus cost of production.

“After due negotiations, meetings, etc., between the applicants and the respondent, it was agreed by the applicants and respondent that income should be revenue minus cost of production.

“In the year 2014, when the applicants subtracted the cost of production from their revenue in order to arrive at the then 1.5 per cent required of the applicants under the NBC Code 5th Edition, what was left for the applicants to pay to the defendant in compliance with the 1.5% requirement of the NBC Code 5th Edition was negligible.

“The amount the respondent would have been entitled to, from the applicants as annual NBC levy between 2014 to 2019 if the applicants were to strictly pay the 1.5% annual NBC levy provided by the 5th Edition of the Code was small and the respondent might not be able to carry out its administrative functions in view of its financial needs.

“Specifically, in the year 2014 and 2015, the amount that would have been due to the defendant as 1.5% of the annual income of the 1st applicant was N2.1 million (N2,167,254)

“As a result, the respondent beseeched the applicants to consent to the payment of a fixed sum of N500 million (N500,000,000) as annual levy for the applicants’ licence period of 2014 to 2019 the sum of which was far more than what the plaintiffs were supposed to be paying to the respondent if the applicants were to pay only the 1.5 per cent of their annual income as provided by the NBC Code.

“For the years 2014 to 2019 that the respondent wants to carry out the investigation to verify whether the applicants paid up to 2.5% of their annual incomes as annual NBC levy, the operational NBC Code then was the NBC Code, 5th Edition and it requires broadcaster to pay 1.5% of their annual incomes as annual levy,” he said.

Onumonu, who said the companies had already submitted a certified true copy of their audited account for the previous year(s) to NBC, said the commission was paid over N12 billion (N12, 490, 000, 0000) as annual levy from 2014 to date.

The officer described NBC’s action as an abuse of power, urging the court to grant their plea in the interest of justice.

Delivering judgment in a suit instituted by the Media Rights Agenda (MRA) against NBC, following the Commission’s imposition of fines of N5 million each on a television station and three pay-TV platforms in 2022, for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria, Justice Ofili-Ajumogobia held that the NBC, being not a court of law, acted above its powers by imposing such fines.

The Judge declared null and void the provisions of the Nigeria Broadcasting Code authorizing the National Broadcasting Commission (NBC) to impose fines on broadcast stations for alleged breaches of the Code as it ruled that administrative and regulatory bodies could not exercise judicial powers.

The judge commended MRA for challenging NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

An Abuja-based lawyer, Uche Amulu, had filed the suit on behalf of MRA, asking the court to hold, among other things, NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas.

MRA contended that it would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

MRA also sought a declaration that the procedure adopted by the NBC in imposing the fines was a flagrant violation of the rules of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.

The judgment was delivered in response to a suit filed by the non-governmental organization Expression Now Human Rights Initiative against the Federal Republic of Nigeria.

The ECOWAS court held that the Nigerian government had neglected its responsibility to harmonize domestic legislation with international obligations, emphasizing the need for alignment with guarantees and obligations under the African Charter on Human and People’s Rights.

The applicant, represented by Solomon Okedara & Co, specifically contested provisions of the Nigeria Broadcasting Code (6th Edition) and its Amendments, arguing that they contravene the principle of freedom of expression.

Justice Dupe Atoki, presiding over the case, observed that certain articles of the Code were overly broad and ambiguous, potentially leading to the restriction of the right to freedom of expression.

The court ordered the Nigerian government to align these articles with its obligations under the African Charter on Human and People’s Rights and to refrain from enforcing them until alignment is achieved.

This ruling echoes a previous decision in May 2023 when the Federal High Court Abuja issued an order of perpetual injunction restraining the National Broadcasting Commission from imposing fines on broadcast stations.

In that case, Justice James Omotosho emphasized that the NBC, not being a court of law, lacked the authority to impose sanctions as punishment on broadcast stations.

In a recent address during the 10th edition of a media training event in Umuahia, organized by Vision Africa Radio station, Mallam Shehu cautioned broadcast stations against relying on social media for news sources and subsequent dissemination.

He stressed that broadcasting unverified news is unacceptable and cautioned that severe penalties would be imposed on stations that violate broadcast laws outlined in Section 311 of NBC codes.

The NBC DG emphasized that the regulatory body will not tolerate injurious or offensive messages, emphasizing the importance of credible, fair, and balanced reporting.

Expressing concern, he highlighted the growing trend of journalists and broadcast station personnel relying on information obtained from social media platforms. He warned that any station allowing its platform to be used for inciting hate speech would face heavy sanctions.

Mallam Shehu underscored the responsibility of broadcasters to refrain from utilizing social media as a source of news due to the inherent lack of reliability and credibility.

He urged broadcasters to exercise caution, stating that they must not become a vehicle for undermining Nigeria’s stability.

NBC will take appropriate action against any station that jeopardizes the nation’s interests.

Bishop Sunday Ndukwo Onuoha, President of Vision Africa, highlighted the importance of the training in an evolving media landscape.

He stressed that equipping journalists and media practitioners with the necessary tools to promote peace, unity, professionalism, and Nigeria’s democratic experience was the primary objective.

Bishop Onuoha appealed to media practitioners in Nigeria to consistently apply professionalism in gathering and disseminating information to prevent harm to the nation’s peace and unity.

Foreign and Nigerian speakers at the event provided participants with insights into broadcasting techniques, social media content, employment opportunities in the media industry, and the imperative of avoiding unethical and inflammatory content.

NBC’s Director General, Balarabe Shehu Illelah, issued a statement in response to Justice James Omotosho’s decision on Wednesday.

In his decision on a lawsuit brought by Incorporated Media Rights Agenda, Omotosho stated that NBC was not a court and lacked the authority to penalise broadcast stations.

He held that the NBC code, which gives the commission the power to impose a sanction, was in conflict with section 6 of the constitution which vested judicial powers in the court of law.

He added that the NBC, not being Nigeria police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

But the NBC, in the statement on Friday in Abuja, said it had applied for a Certified Copy of the judgment.

“The commission will appeal the judgment when found to be in conflict with previous judgments which empowers NBC to regulate broadcasting in Nigeria,” the statement said.

Justice Omotosho also set aside the N500,000 fines imposed on each of the 45 broadcast stations on March 1, 2019.

Delivering the judgment, he described NBC’s act as being ultra vires.

He also held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

While delivering judgement, He stated that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.

He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.

Justice Omotosho also said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions, cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

He also agreed that the commission, not being Nigerian police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.

NBC had, on March 1, 2019, imposed the sum of N500,000 each on 45 broadcast stations in the country over an alleged violation of its code.

In an originating summon, however, the Incorporated sued the NBC as sole respondent in the suit.

In the motion, the lawyer, of the group Noah Ajare sought a declaration that the sanctions procedure applied by NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019, was a violation of the rules of natural justice.

The lawyer also said that the fines were in violation of the right to a fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”

They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by NBC on each of the 45 broadcast stations on Friday, March 1, 2019.

They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

He held that the fines imposed by the NBC as punishment for the commission of various offences under its code were contrary to the law and hereby declared unconstitutional, null and void.

Its spokesman, Mr Ekanem Antia, stated in Abuja on Friday that NBC’s Director-General, Malam Balarabe Ilelah, gave the avowal at a meeting with broadcast stations on the coverage of the Feb. 25 presidential and National Assembly elections.

The commission also advised against the use of hate speech during the campaign.

The Director-General of the NBC, Balarabe Ilelah, stated this at a sensitisation forum on political broadcasting in Abuja on Monday.

He warned that the Commission would not hesitate to sanction any individual and organisation that breaches the broadcasting codes.

The Commission threatened to shut down broadcast stations that run fowl to the NBC broadcast code.

The ongoing forum on political broadcasting in Abuja is a grand finale of a sensitisation exercise embarked on by the NBC, ahead of the campaigns for the 2023 general elections.

The meeting in Abuja is attended by heads of broadcast media organisations, the Chairman of the Independent National Electoral Commission, and the Nigeria Police Force.

On Monday, Justice Akintayo Aluko granted an order of interim injunction after hearing an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

SERAP and NGE filed a lawsuit last week against President Muhammadu Buhari and the National Broadcasting Commission (NBC).

The suit sought a declaration that section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten the stations is unconstitutional and unlawful, as it violates freedom of expression.”

In suit FHC/L/CS/1582/2022, SERAP and NGE are seeking a declaration that the section violates the constitutionally guaranteed right to fair hearing.

The litigants maintain that the media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in any country.

They stressed that the media has the task of distributing all varieties of information and opinion on matters of general interest.

“The public has a right to receive and assess this information and opinion independently”, the suit reads.

“The existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.”

SERAP cited provisions of the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights.

It says licensing processes shall promote diversity in broadcasting and that the registration process shall not impose restrictions on the right to freedom of expression.’”

The suit is adjourned to 8th September, 2022 for the hearing of the Motion on Notice for interlocutory injunction.

The regulatory agency said that the decision to suspend its initial shutdown of the indebted stations followed the responses received from the affected stations.

The NBC Director General, Balarabe Shehu Ilelah, announced the suspension in a statement on Friday.

Recall that NBC, last week Friday directed 52 broadcast outfits, including the African Independent Television, Silverbird Television and the broadcasting corporations run by various state governments to shut down their operations.

NBC hinged its directive on debts incurred by the broadcasting organisations amounting to at least N2.6bn.

But in a statement on Friday, Ilelah maintained that positive responses received from the debtor licensees, including big players in the broadcast industry was responsible for the temporary suspension.

The statement read, “Sequel to a follow-up meeting held with Executives of the Broadcasting Organisations of Nigeria, and other critical Stakeholders in the industry, the Commission has decided to temporarily suspend the shutdown of the indebted Broadcast stations all over the Country.

“We express our profound appreciation to the Broadcasting Organisation of Nigeria, the affected licensees and Broadcast Stakeholders for their responses and interventions. We, specifically, thank DAAR Communications Ltd and Silverbird TV/Rhythm FM for their responses.

“The Commission is not unaware of the difficulties this shutdown must have caused the operators and other stakeholders but must state that the Commission will always operate within the National Broadcasting Commission Act, Cap. N11, Laws of the Federation, 2004.”