Connect with us

Human angle

Press freedom : Court nullifies NBC code imposing fines on broadcasters.

Published

on

By Editor

A federal high court in Abuja on Wednesday the 17th of January, 2024 nullified the provisions of the Nigeria Broadcasting Commission that imposes fines on broadcasters and and broadcast stations for alleged breaches of the code.

The court also ruled that administrative and regulatory bodies lacked authorities to exercise judicial powers.

The Media Rights Agenda had instituted a suit challenging the imposition of fine of N5m and other pay TV platforms in 2022 on a television station broadcast stations by the NBC for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria,

)In her judgement, Justice Rita Ofili-Ajumogobia held that the NBC not being a court of law, acted above its powers by imposing such fines and commended MRA for its legal challenge of the 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 the NBC on August 3, 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, Mr. Uche Amulu, filed the suit on behalf of MRA asking the court to hold, among other things, the 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 judgment, Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the declarations and injunction sought by the organization.

She however refused to grant the organization’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”.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Human angle

From Dilapidation to Dignity: The Mercy Anosike story

Published

on

By

Stephanie Clems, Umuahia

Mrs. Mercy Anosike might have still been living in her shacks had help not met her a few months ago.

Mrs. Anosike’s living condition was reportedly deplorable until a journalist, Emma Nwazue of Afia TV brought it to the attention of the governor during a media chat in Umuahia where the governor ordered an immediate intervention.

Confronted by challenges of widowhood and childlessness after the loss of all her children, Mrs. Anosike continued to trudge on not knowing what the future held for her.

However, fate smiled at her and her situation changed for good with the construction and furnishing of a bungalow by the Abia state government.

Residents of her village, Ukome in Umuahia North Local Government Area of Abia State could not contain their joy as they showered encomiums on the wife of the Governor of Abia State, Mrs. Priscilla Chidinma Otti, for donating a fully furnished three-bedroom apartment to the widow.

During the commissioning and handover of the house, Mrs. Otti described Mrs. Anosike’s story as one of remarkable strength and resilience.

According to her, Mama Anosike lost her children and was left alone, yet despite the painful challenges she faced, she has continued to remain a beacon of hope within her community.

.Mrs. Otti was represented by the Commissioner for Women Affairs, Dr. Maureen Aghukwa,.

According to her the story of the woman’s poor and difficult living conditions elicited compassion from the governor who immediately directed that she be moved out of her dilapidated home and provided with a new, comfortable residence.

She disclosed that through her office, support had continued to reach widows and other vulnerable persons across the state, giving them a renewed sense of belonging and care.

“This house is a testament to our commitment and a tangible expression of our efforts to empower women and support vulnerable groups in Abia State,” she said.

In her remarks, the Deputy Mayor of Umuahia North Local Government Area, Mrs. Chinwe Odoemelam, commended the wife of the governor for her compassion and dedication to the welfare of vulnerable members of society.

She also enjoined the community to reciprocate the gesture by supporting the administration of Governor Alex Otti, while appealing to the government to consider addressing some of the community’s challenges, particularly in the area of road construction.

For Miss Patricia Ngborogwu of Flo FM radio , she expressed relief and fulfilment that her foundation provided succour at some point for Mrs. Anosike and commended Governor Otti for his swift and compassionate response when the matter was mentioned to him.

Patricia stated that the governor’s action was a demonstration that responsive leadership and empathy can bring real transformation to people’s lives.

“The beneficiary, Mama Mercy Anosike, in her response expressed gratitude, saying the gesture feels like a dream. She praised Governor Otti for promoting inclusive governance and remembering the less privileged in the society.

Continue Reading

Human angle

Igbokwe’s Family Commences Burial Preparations for Late Matriarch, Dame Peace Igbokwe

Published

on

By

By Editor, Umuahia

The family of Nze Samuel Nmaralam Igbokwe of Wowo Umueke-Umuyota, Umuawa Alaocha, Umuahia North LGA, Abia State, has formally commenced the burial preparations for their late matriarch, Dame Peace Onyekwulechi Igbokwe (née Ogu), fondly known as Peace Kwulechi, who passed away in 2025 at the age of 60.

The burial rites begin Friday, December 5, 2025 with a service of songs at her Lagos residence at 34 Road, A’Close, House 13, Gowon Estate.

According to the programme released by the family, the funeral activities will continue with a Service of Songs/Tribute Night on Friday, 9th January 2026 at the Igbokwe country home in Umueke-Umuyota, Umuawa Alaocha.

The rites will progress on Saturday, 10th January 2026 with the departure of the body from the mortuary, followed by lying-in-state at her residence and thereafter procession to Wesley Cathedral, for funeral service.

Interment follows after the service at the family compound, and a reception at Umuawa Central School.

A Thanksgiving Service will be held on Sunday, 11th January 2026 at Methodist Church, Umuawa Alaocha.

Speaking on behalf of the family, Mayor Lucky Igbokwe (Don Lulu) appreciated friends, relatives, and well-wishers for their support as the family begins the solemn journey of laying their matriarch to rest.

Continue Reading

Human angle

Punishment and Prejudice: Navigating Strict Laws, Taboos against same-sex union in Nigeria

Published

on

By

Stephanie Clems, Umuahia.

Homosexuality is an old practice which was initially considered a taboo in the past before some countries like the United States of America and parts of Europe legalised it.

Within 2025, various issues bothering on same sex relationships were reported across Nigeria.

In Abia State, people speculated about individuals sexuality at various times because of their dress sense or their body structure.

Sometimes, these speculations turned out to be true, yet also false alarm at other times.

As the year winds down, CSUNews examines how in 2025, personal choices worked at cross purposes with the nation’s law and communities’ traditions with regards to homosexuality.

We asked a cross section of residents of Abia State of their impressions about lesbianism, gay and same sex marriage.

Nearly every one interviewed exhibited knowledge of the law that prohibits same sex union and recommends penalty for offenders.

They’re equally aware that it is a “taboo” in many cultures across the country.

Mr. Kelechi Thompson, a native of Ezea in Ebonyi State but resident in Aba narrates how his community punished a same sex couple found in their “love nest” which happened to be an uncompleted building.

“It is an abomination. How can two men be together ? This is unheard of,“ he lamented.

According to Mr. Thompson, those who first saw them leave the uncompleted building holding hands as lovers would while kissing on the road, stripped both naked and dragged them to the village head.

The village head according to him ordered that they both be flogged while still naked.

“It did not end there, because after the beating, they were handed over to the police, you know the law is against it.

“However, after they were granted bail on their first appearance in court, one of them jumped bail and is still at large while his partner is still being tried in court,” he said.

Like Mr. Thompson, Mr. Onwuka Ijebuonwu believes people should live by their customs as he gives an insight into what his community in Afara would do to such persons if caught in the act.These are typical mind-sets of many citizens concerning LGBTQ which have caused those with such sexual orientation to hide perpetually while living in the country or flee the country as the last resort.

The human rights advocates and activists appear handicapped with the law and so cannot protect those who have become or perceived victims of the law and culture .

Mrs. Lizzy Ugwum during an interview shared how someone she knew but never understood her sexual orientation was allegedly forced to run away after she was caught with her partner by her husband.

The people mete out corporal punishments in most cases before handing the perceived culprits over to the law enforcers.

The law prescribed a 14 year jail term for anyone found guilty of the offence, but fears are that those involved in the act may suffer being lynched even before the matter goes to court.

Some enlightened citizens of Nigeria may argue that the people have their lives to live, but the reality is that the Nigerian law with its culture and religions may never take lightly issues of homosexuality, hence the safety of gay people and lesbians is not guaranteed in the country.

.It does not also look like the nation is interested in reviewing the anti gay law any time soon.

Continue Reading

Trending

Copyright © 2017 Zox News Theme. Theme by MVP Themes, powered by WordPress.