Key points
- The National Broadcasting Commission (NBC) has asked the Court of Appeal for permission to file a fresh appeal against a judgment barring it from imposing fines on broadcasters.
- The Court of Appeal had earlier struck out the commission’s appeal after it was filed under the incorrect statutory name.
- The Federal High Court ruled in January 2024 that the NBC lacks the constitutional authority to impose fines because it is not a court of law.
- The commission argues that the judgment could weaken broadcasting regulation and encourage non-compliance with industry standards.
- No hearing date has been fixed for the fresh application.
Main Story
The National Broadcasting Commission (NBC) has approached the Court of Appeal in Abuja seeking leave to file a fresh appeal against a Federal High Court judgment that invalidated its powers to impose fines on broadcast stations.
The application follows the Court of Appeal’s decision on June 17, 2026, striking out the commission’s earlier appeal because it was fundamentally defective and therefore incompetent.
In a motion filed through its counsel, Dapo Akinosun (SAN), the NBC asked the appellate court to extend the time within which it can challenge the January 10, 2024 judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court.
The dispute originated from a suit filed by Media Rights Agenda (MRA) challenging the commission’s decision to impose N5 million fines on Multichoice Nigeria Limited, TelCom Satellite Limited, Trust-TV Network Limited and NTA Startimes Limited.
The broadcasters were sanctioned after airing documentaries on banditry and insecurity in Zamfara State, which the NBC alleged were detrimental to Nigeria’s national security.
In her judgment, Justice Ofili-Ajumogobia held that the commission acted unlawfully and unconstitutionally by imposing the fines, ruling that the NBC lacked judicial authority to sanction broadcasters because it is not a court of law.
However, the commission’s initial appeal was struck out after it was filed under the name “Nigerian Broadcasting Commission” instead of its legally recognised statutory name, “National Broadcasting Commission.”
In its fresh application, the NBC argued that the judgment raises significant questions regarding its statutory mandate to regulate the broadcasting industry and enforce compliance with the Nigerian Broadcasting Code.
The commission contended that allowing the judgment to stand without appellate review could undermine its regulatory authority, weaken compliance with broadcasting standards and create uncertainty within the broadcasting sector.
It also maintained that the absence of effective enforcement powers could encourage irresponsible broadcasting practices and increase the dissemination of false, misleading and inflammatory content capable of threatening public order.
The commission further requested leave to introduce an additional ground of appeal questioning the legal capacity of Media Rights Agenda to institute the original suit before the Federal High Court.
The NBC stated that it had instructed its legal team to appeal immediately after the 2024 judgment and argued that the failure of the earlier appeal resulted solely from an inadvertent error in describing its statutory name.
No date has been fixed for the hearing of the application.
The Issues
The case raises questions about the extent of the NBC’s statutory authority to regulate and sanction broadcasters.
The Federal High Court’s judgment could significantly alter the enforcement framework governing Nigeria’s broadcasting industry.
The appeal highlights the legal consequences of procedural errors in court filings.
The outcome could affect future regulatory actions against broadcasters and media organisations.
The case also touches on the balance between media regulation, due process and freedom of expression.
What’s Being Said
National Broadcasting Commission (NBC)
“The subsisting judgment is capable of creating significant uncertainty regarding the commission’s regulatory powers and its ability to effectively discharge its statutory mandate.”
“A weakened regulatory framework could encourage non-compliance with broadcasting standards and lead to the spread of false, misleading and unverified information capable of causing public anxiety, panic and social unrest.”
“The proposed appeal raises substantial issues affecting not only the parties in the suit but also the integrity and orderly regulation of Nigeria’s broadcasting ecosystem.”
What’s Next
The Court of Appeal will determine whether to grant the NBC an extension of time to file a fresh appeal against the Federal High Court judgment.
If the application succeeds, the appellate court will proceed to hear the substantive appeal on the commission’s regulatory powers and the legality of the fines imposed on the affected broadcasters.
The outcome is expected to have significant implications for broadcasting regulation, enforcement of the Nigerian Broadcasting Code and future disputes between regulators and media organisations.
Bottom Line
The NBC’s latest application represents a renewed effort to restore its authority to sanction broadcasters. The Court of Appeal’s eventual decision will shape the future of broadcast regulation in Nigeria and clarify the legal limits of the commission’s enforcement powers.
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