Justice James Omotosho of the Federal High Court in Abuja dismissed an appeal by the National Broadcasting Commission (NBC) seeking to set aside a court order barring the imposition of fines on broadcasters in the country.
Justice Omotosho rejected all the grounds raised by NBC and described them as secondary issues. He pointed out that although he heard the preliminary actions and conclusions in the file that led to the decision, the commission did not present a defense in the case. Omotosho also said that contrary to NBC’s claims that there were no legal proceedings leading to a ruling, he provided NBC with a case file, but no charges were filed and he refused to appear. The judge also said there was an affidavit of facts, sworn by a judge, confirming that the commission had conducted several trials.
Judge Omotosho issued a permanent injunction last May preventing NBC from fining the station. He argued that the NBC rule giving the commission the power to impose sanctions violates Article VI of the Constitution, which gives judicial power to the courts.
