Justice James Omotosho of the Federal High Court Abuja has given an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, on broadcast stations in the country.
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.
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 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.