The Court of Appeal Nigeria has dismissed an appeal by the National Broadcasting Commission (NBC), affirming a Federal High Court judgement that prohibits the Commission from imposing fines on radio and television stations.

In a unanimous decision delivered by Oyebiola Oyewumi, who read the lead judgement on behalf of a three-member panel, the appellate court upheld the earlier ruling and nullified fines imposed by the NBC on 45 broadcast stations on March 1, 2019, for alleged violations of the Nigeria Broadcasting Code. The panel was presided over by Abba Mohammed, with Donatus Okorowo as the third member.

The case originated from a suit filed in November 2021 by Media Rights Agenda (MRA), challenging the NBC’s authority to sanction broadcasters through fines. In its judgement delivered on May 10, 2023, James Omotosho of the Federal High Court ruled in favour of MRA after the NBC failed to enter a defence.

The trial court held that fines constitute criminal sanctions which, under Nigerian law, can only be imposed by courts of competent jurisdiction. It further declared that the NBC, not being a judicial body, lacked the authority to determine the guilt of broadcast stations or impose penalties, describing its actions as unconstitutional. Consequently, the court set aside the ₦500,000 fines imposed on each of the affected stations.

Following the ruling, the NBC filed a motion in July 2023 seeking to set aside the judgement on grounds of lack of jurisdiction and alleged failure by the court to consider relevant facts. However, the application was dismissed in November 2023, with the court describing it as an afterthought and noting that the Commission had been duly served but failed to appear.

The NBC subsequently appealed the decision in July 2024. At the hearing on February 4, 2026, counsel to the Commission, Victor Ogude (SAN), led arguments on behalf of the appellant, while Ezenwa Anumnu represented MRA.

In its ruling, the Court of Appeal agreed with MRA’s position that the NBC could not introduce fresh arguments at the appellate stage, having failed to contest the matter at the trial court. Justice Oyewumi held that the appeal lacked merit and accordingly dismissed it.

The judgement marks the first of two appellate decisions involving the NBC and MRA over the Commission’s powers to fine broadcasters. A second appeal, arising from a similar Federal High Court ruling delivered on January 17, 2024 by Rita Ofili-Ajumogobia, is still pending before the Court of Appeal, which reserved judgement after hearing arguments on March 25, 2026.

In that case, the NBC is contesting a decision that nullified fines of ₦5 million imposed in 2022 on a television station and three pay-TV platforms over broadcasts relating to banditry, which the Commission alleged undermined national security.