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NBC has no power to fine media houses — Court

Published

4 months ago

January 18, 2024

The National Broadcasting Commission (NBC) has no power to impose fines on broadcast stations for alleged breaches of the Code, the Federal High Court in Abuja has declared.

In a landmark judgement, the Court declared null and void the provisions of the Nigeria Broadcasting Code authorising the NBC to impose fines noting that administrative and regulatory bodies could not exercise judicial powers.

Delivering judgement in a suit instituted by Media Rights Agenda (MRA) against NBC following the Commission’s imposition of fines of N5 million each on a television station and three pay-TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria, Justice Rita Ofili-Ajumogobia held that the NBC, not being a court of law, acted above its powers by imposing such fines.

The judge commended MRA for its legal challenge of NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

Justice Ofili-Ajumogobia set aside the fines imposed by NBC on 3 August 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State, saying the regulator’s action was wrong and unjustifiable in a democratic society.

Abuja-based human rights lawyer, Uche Amulu, filed the suit on behalf of MRA asking the court to hold, among other things, NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas.

MRA contended that it would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

MRA also sought a declaration that the procedure adopted by the NBC in imposing the fines is a flagrant violation of the rules of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.

MRA contended that the NBC, not being a court of law and not having been constituted in a manner as to secure its independence and impartiality, has no power or competence to impose fines on broadcast stations as punishment or penalties for the commission of an offence as the competence to establish that an offence has been committed and to impose criminal sanctions or penalties belongs to the courts.

Besides, it claimed, the NBC, not being the Nigerian Police or a law enforcement agency, has no power to conduct a criminal investigation or an investigation that could lead to criminal charges against the affected media platforms and stations or the imposition of criminal penalties and accordingly, that the investigation purportedly conducted by the Commission, leading to the fines imposed on the media platforms and station for alleged offences under the Nigeria Broadcasting Code is ultra vires, null and void.

MRA also urged the court to declare that the Nigeria Broadcasting Code issued by the NBC, being a subsidiary legislation that empowers it as a regulatory and administrative body to enforce the provisions of the Code, cannot confer judicial powers or jurisdiction in criminal matters on the Commission to impose criminal sanctions or penalties such as fines, particularly as the Code was made by the NBC itself.

It urged the court to declare the fines unconstitutional, ultra vires, null and void, set them aside and issue an order of perpetual injunction restraining the NBC, its servants, agents, privies, representatives or anyone acting for or on its behalf, from further imposing any fine on any of the media platforms or station, or any other broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

In her judgement, Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the declarations and injunctions sought by the organization. She, however, refused to grant the organisation’s claim for N700,000 as costs it incurred in litigating the action; another claim for N2 million as general damages for NBC’s infringement on its rights as well as a request for N1 million as punitive damages for the Commission’s “outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations.”

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NSA, FAAN to cut security checks at airports

Published

58 mins ago

May 5, 2024

NewsDirect

The Federal Airports Authority of Nigeria has said it has concluded plans with the Office of the National Security Adviser to reduce the number of security checkpoints where personnel physically come in contact with both passengers and their baggage at the nation’s airports.

Travelers have continued to complain of delays in their movement while traveling through Nigerian airports over multiple physical security checks.

Speaking with newsmen the on Saturday in Lagos, the Managing Director of FAAN, Mrs Olubunmi Kuku, stated that the agency and the office of the NSA have agreed to carry out short and long-term measures to address the issue including the creation of a joint coordination room where all the agencies can view CCTV cameras to ascertain what they are looking for.

Kuku described the development as disturbing but affirmed that the issue was the first thing she inquired about upon assumption of office, adding that she sat down with the National Security Adviser, Mr. Nuhu Ribadu, to discuss how to streamline the facilitation processes.

The FAAN MD said, “On the issues of the checking of baggage, it borders me so much, and that was the first inquiry that I made when I assumed office. As far back as 2011 and 2012, when I was in the industry, I have worked on this with the former minister.

“It goes beyond FAAN, a lot of those agencies, Customs, NDLEA, Quarantine, Agriculture, we now have EFCC, we have almost everybody at the airports, we had Executive order 001 during the Buhari administration to move them out under the then Vice President office, now we have the National Single Window, I have personally sat with the NSA over the last five weeks to have conversations with him as to how we will streamline the facilitation.”

Hinting at her resolutions with the security agencies, Kuku noted, “We have agreed on a few things, the first one is a short-term intervention where we reduce the number of agencies at the airports because we have some that were doing just sort of routine checks, just moving around to observe rather than disturbing passengers.

“The second is the longer term, a joint coordination room, we do have cameras, so we are asking all of those agencies, depending on what it is they are looking for to move to the joint coordination room to look at the cameras and observe and for those that are more concerned with the baggage, they can move down to where we load the bags, that way they have better visibility than disturbing passengers.”

However, she explained that the opening of passengers’ baggage was for a reason adding that “I believe that came about a couple of years ago, a lot of countries had issues with scanning devices that were coming from certain countries, and as such they require secondary screening. You will see that some of the airlines have companies doing secondary screening on their behalf, but a lot of passengers will think that it is FAAN because we are the face of the agency and the airports.”

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Idris restates FG’s commitment to media rights, freedom

Published

1 hour ago

May 5, 2024

NewsDirect

The Minister of Information and National Orientation, Alhaji Mohammed Idris, has restated Federal Government’s commitment to safeguard press freedom and rights of journalists across the country.

Idris said this in his speech at Press Freedom and Good Governance Award 2024, organised by the Nigeria Union of Journalists (NUJ) on Saturday night in Abuja.

The minister, who was the Chairman of the event, said he was deeply honoured by the conferment of the Lifetime Achievement Award upon him by the NUJ, which he described as his immediate constituency.

According to him the award holds profound significance for him and the administration of President Bola Tinubu.

“This year’s theme of World Press Freedom Day resonates deeply with our ministry’s vision and President Tinubu’s priority areas.

“The areas include restoring trust, reorienting national values, and creating an enabling environment for the media.

“It underscores the crucial role of journalism in addressing the environmental crisis”, he said.

According to him, in this moment of environmental crisis, the role of media transcends mere reporting; it embodies a commitment to mobilising mass action for the common good.

“With the power to inform, educate, and inspire, the media has the unparalleled ability to ignite movements, elevate voices, and effectuate behavioral change toward the environment.

“I want to reaffirm our sustained commitment to safeguarding press freedom, promoting diverse opinions, and protecting the rights of journalists.

“Let us redouble our efforts to build a future where journalism thrives, press freedom is upheld, and our planet is safeguarded for generations to come,” Idris said.

The categories of awards include Touch Bearers of Press Freedom, Defender of Press Freedom and Best Investigative Reporter of the Year.

Others were LIFE Time Achievement Awards and Good Governance Award.

While, Gov. Hyacinth Alia of Benue got the Good Governance award on Advocacy of the Masses and Human Rights, Gov. Babagana Zulum of Borno got the Good Governance Award on Education.

Also, the Good Governance Award for transparency went to Mr Mele Kyari, the Group Chief Executive Officer, NNPCL.

Others that clinched the Torch Bearer of Press Freedom Awards include, Edwin Philip of Breeze FM Lafia, Pauline Kuje Vana of NTA Maiduguri and Tayo Ikujuni of NAN.

Others were Mustapha Batsari of VOA Hausa Service, Gabriel Idibia of Daybreak Newspaper, Adekola Namgbala, Allah el-Kurebe and Publisher of Wikki Times, Mohammed Salisu

NAN also reports that while the awards for Defender of Press Freedom went to a veteran journalist, Gbenga Onayiga, the Anyim Ude Prize for the best Investigative Reporter went to Umar Audi of Daily Nigerian Newspaper.

Similarly, the Good Governance Award for Mass Mobilisation went to the Directors-General of Nigerian Television Authority and Voice of Nigeria, Salisu Dembos and Jibrin Baba-Ndace respectively.

The National President of Nigerian Union of Teachers, Audi Amba got the Good Governance Award for Education, Planning and Leadership.

The Chief Executive Officer of National Bureau of Statistics, Mr Adeyemu Adeniran, got same award, but on Economic Development.

NAN reports that the event attracted people from all works of life including the National Assembly, media and other stakeholders.

News

NAF kills several terrorists inNAF kills several terrorists in Borno, Niger airstrikes

Published

1 hour ago

May 5, 2024

NewsDirect

The Nigerian Air Force (NAF) says the Air Components of Operations Hadin Kai and Whirl Punch in the North East and North Central killed several terrorists in airstrikes in Borno and Niger.

This is contained in a statement issued by the Director, Public Relations and Information, NAF, AVM Edward Gabkwet, on Sunday in Abuja.

Gabkwet said the air components had continued to obliterate terrorists and destroy their structures, equipment and mobility, thereby limiting their ability to attack ground troops and innocent Nigerians at will.

In the North East he said the air interdiction was on May 3 authourised and conducted over Chinene, a location tucked inside the Mandara mountain.

Terrorists had been observed to be emanating from various locations and assembling ostensibly for a meeting.

According to him, seven gun trucks were also observed parked under trees within the same location.

Gabkwet said the aircraft bombarded the assembly area and tree coverings and destroyed their weapons and mobility.

He said that Battle Damage Assessment revealed that the strikes were successful as several terrorists were neutralised and logistics destroyed.

According to him, similar airstrikes were conducted same day by the air component of Operation Whirl Punch in a pre-emptive air strikes over terrorists hibernating at Allawa village, near Shiroro town in Niger.

The NAF spokesman said the mission was conducted following credible intelligence which revealed the migration of terrorists into the village after the mass exit of locals for fear of their safety.

He said the terrorists had, on May 1, stormed the deserted Allawa community in Shiroro Local Government Area and torched the Central Primary School.

“In the evening of the same day, another group of terrorists also arrived at the location, wielding AK-47/49 rifles after invading Galapai village in Galadima Kogo District of Shiroro.

“Accordingly, to prevent further occupation as well as pursue the terrorists from the location, the air component scrambled a formation of its platforms to attack the location.

“On arrival at the location, several terrorists were sighted and engaged effectively.

“Furthermore, following credible intelligence as well as detailed aerial observation, which confirmed the presence of their cache of arms hidden inside Allawa Forest, the air component further carried out air strikes at the location,” he said.

Gabkwet also said that the NAF carried out air strikes North of Arugbana and Temakiri in the Niger Delta, where illegal refining sites were observed and destroyed.

According to him, through this action, the capabilities of oil thieves to continually sabotage and destroy oil pipelines were minimised.