The judge held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
By Jeffrey Agbo
A Federal High Court in Abuja has struck out a motion by the National Broadcasting Commission (NBC) seeking an order setting aside its judgment restraining the commission from imposing fines on broadcast stations in the country.
Ruling on Thursday, Justice James Omotosho said the motion by the NBC was “an afterthought.”
Justice Omotosho held that despite being served with the originating process and hearing notices in the case leading to the judgment, the commission failed to file its defence.
The judge said contrary to the NBC’s argument that it was not served with court processes that led to the judgement, “the court file shows that services were effected on the respondent applicant (NBC) but failed to file and refused to enter appearance.”
He said there was an affidavit of facts deposed to by the court bailiff that confirmed that court processes were served on the commission on different occasions.
“The respondent applicant cannot claim it was not served. The objection is hereby overruled,” he said.
Justice Omotosho, on May 10, gave an order of perpetual injunction restraining NBC from imposing fines on broadcast stations.
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The judge also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations alleged to have violated its code.
He held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
He further held 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.
The judgment followed a suit filed by the Incorporated Trustees of Media Rights Agenda marked: FHC/ABJ/CS/1386/2021.
However, after the delivery of the judgment, NBC filed a motion on notice through its lawyer, Babatunde Ogala, seeking “an order setting aside the default judgment, being a judgment reached per incuriam and without jurisdiction.”
Giving a 20-ground argument, the commission said the originating motion in the suit which birthed the judgement delivered on May 10 was not served on them.