Court of Appeal Dismisses NBC's Appeal Over Powers to Fine Broadcasters
The National Broadcasting Commission (NBC) has suffered another legal setback in its attempt to challenge a Federal High Court ruling that restricted its authority to impose fines on broadcast stations.
The Court of Appeal in Abuja struck out the Commission's appeal after finding that the case was improperly filed, thereby preventing the court from considering its merits.
In a unanimous judgment delivered by Justice Jane Esienanwan Inyang, the appellate court ruled that the Notice of Appeal was legally defective because the appellant was identified as the "Nigerian Broadcasting Commission" instead of the "National Broadcasting Commission," the name under which the Commission participated in the original proceedings at the Federal High Court.
The court held that the inconsistency was not a minor technical error but a fundamental defect affecting the validity of the appeal. It explained that only a properly filed Notice of Appeal can confer jurisdiction on the appellate court.
Justice Inyang stated that since the appeal was not initiated by the same legal entity involved in the lower court proceedings, the court lacked the authority to entertain it. Consequently, the appeal was struck out.
The case originated from a January 17, 2024 judgment of the Federal High Court in Lagos, where Justice Rita Ofili-Ajumogobia declared unconstitutional the NBC's decision to impose ₦5 million fines on four broadcast organisations over documentaries focusing on banditry and insecurity in Zamfara State.
The affected broadcasters included Multichoice Nigeria Limited, owners of DStv, TelCom Satellite Limited (TSTV), Trust TV Network Limited, and NTA StarTimes Limited.
In that judgment, the Federal High Court ruled that the sanctions violated the constitutional right to freedom of expression and the public's right to receive information without interference, as guaranteed under Section 39 of the 1999 Constitution and Article 9 of the African Charter on Human and Peoples' Rights.
During the appeal proceedings on March 25, 2026, the NBC was represented by Bashir Ramoni of SimmonsCooper Partners, while Media Rights Agenda (MRA), the respondent, was represented by Senior Advocate of Nigeria Ezenwa Anumnu of Joint Heirs Chambers.
The ruling marks the latest in a series of judicial defeats for the broadcasting regulator. Earlier, on April 2, 2026, the Court of Appeal dismissed another NBC appeal challenging a separate judgment delivered by Justice James Omotosho in May 2023. That decision affirmed that only courts of law possess the legal authority to impose fines as punishment for criminal offences.
Justice Omotosho had also rejected the Commission's subsequent application seeking to overturn that judgment, further reinforcing the limits of the NBC's sanctioning powers.
With the latest appeal struck out, the Federal High Court's decision restraining the NBC from imposing fines on broadcast stations remains in force. The judgment also highlights the importance of strict compliance with legal procedures in appellate proceedings.
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