The Court of Appeal sitting in Abuja has dismissed an appeal by the National Broadcasting Commission seeking to overturn a judgement that barred the regulator from imposing fines on broadcast stations across the country.
In a unanimous decision delivered by Justice Oyebiola Oyewumi on behalf of a three-member panel, the appellate court affirmed the earlier ruling of the Federal High Court and nullified the penalties imposed on 45 radio and television stations on March 1, 2019, for alleged violations of the Nigeria Broadcasting Code.
The panel was led by Justice Abba Mohammed, with Justice Donatus Okorowo serving as the third member.
The development was disclosed in a statement issued by the Communications Officer of Media Rights Agenda, Idowu Adewale, on Thursday.
According to the statement, the Court of Appeal’s decision arose from a suit instituted by the organisation in November 2021, contesting the authority of the NBC to impose fines on broadcasters.
Earlier, the Federal High Court, in a judgement delivered on May 10, 2023, by Justice James Omotosho, ruled in favour of MRA after the NBC failed to appear in court to defend the case.
In his judgement, Justice Omotosho held that fines are punitive measures imposed on individuals or entities found guilty of criminal offences and that, under Nigerian law, only courts have the legal authority to impose such sanctions.
While nullifying the ₦500,000 penalties imposed on the affected broadcast stations, the judge declared that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations, notwithstanding what the NBC Code says.”
He further ruled that the commission’s actions were inconsistent with the provisions of the Constitution.
Following the judgement, the NBC filed a motion in July 2023 asking the same court to set aside the ruling, arguing that the court lacked jurisdiction and reached its decision without considering relevant facts.
However, in November 2023, Justice Omotosho dismissed the application, describing it as futile and an afterthought, and noted that available evidence showed the commission had been properly served but failed to appear in court.
Unsatisfied with the outcome, the NBC approached the Court of Appeal in July 2024, seeking to overturn the judgement.
During proceedings on February 4, 2026, Victor Ogude, who led Kehinde Wilkey for the NBC, adopted his written brief and made further submissions. Counsel to MRA, Ezenwa Anumnu, also adopted his arguments and responded on behalf of the organisation.
In its ruling, the appellate court agreed with MRA that the NBC, having failed to challenge the suit at the Federal High Court, could not introduce new objections at the appellate stage.
Justice Oyewumi therefore ruled that the appeal lacked merit and dismissed it.
The judgement marks the first victory for Media Rights Agenda in two separate appeals involving the NBC over Federal High Court decisions restricting the commission from imposing fines on broadcast organisations.
The second appeal, filed by the NBC against a similar ruling delivered on January 17, 2024, by Justice Rita Ofili-Ajumogobia of the Federal High Court in Abuja, is still pending.
The Court of Appeal heard arguments in that case on March 25, 2026 and has reserved judgement.
In that matter, the NBC is challenging a decision that arose after Media Rights Agenda sued the commission for imposing fines of ₦5 million each on a television station and three pay-TV platforms in 2022 over documentaries on banditry in Nigeria which the regulator alleged undermined national security.
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