Human angle
Press freedom : Court nullifies NBC code imposing fines on broadcasters.
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”.
Human angle
Humanitarian act: Mrs. Otti donates cash, food items, groceries, others to Charity homes in Abia state.
By Editor, Umuahia
The wife of the Abia state governor, Mrs. Priscilla Otti has extended her benevolence to six orphanages in Aba and Umuahia.
She a total cash donation of six million to the six centres as support to the vulnerable groups with each home receiving a million naira.
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There were also gifts of 50kg bags of rice, (30), other food supplies, and toiletries.
In her milk of kindness, caregivers in each facility were given cash support to appreciate their dedication and hard work.
Mrs. Priscilla Otti who was represented by the wife of the deputy governor, Mrs. Adaeze Emetu emphasized the administration’s unwavering commitment to uplifting the less privileged and ensuring their welfare is made a priority .
She applauded the coordinators and caregivers for their selfless dedication to humanitarian services, particularly their care for vulnerable children.
The Commissioner for Women Affairs Mrs Maureen Aghukwa, and the Special Assistant to the Governor on Poverty Alleviation and Vulnerable Groups, Mrs. Ifeoma Thomas also expressed gratitude to Mrs. Otti for her impactful initiative of appreciating the caregivers for their tireless efforts in providing care and support.
In their various responses, leaders of the benefitting homes, including Rev. Sister Maria Anita Ogbonna of DMMM compassionate home and Madam Oyibo Okonkwo of Agape Charity Home commended the administration of Governor Alex Otti and his wife for their compassion and focus on the welfare of less privileged homes.
They prayed for God’s blessings and wisdom upon them as they continue to serve the state.
Recall that earlier in the year, Mrs. Otti personally visited Susana Homes at Ukwa East, where she donated ₦1,000,000, Bags of rice, food items, and other essentials to further support their operations.
The benefitting homes of the donations are DMMM compassionate home, Ahiaeke- ₦1,000,000, Caregivers: ₦150,000, Agape Charity Home, Avodim, Ipupe-Amuba Ubakala – ₦1,000,000Caregivers: ₦150,0003, So-Said Charity Homes for Vulnerable Persons, Amibo : ₦1,000,000, Caregivers: ₦150,0004.
Also St. Vincent De Paul Center for Mentally and Physically Challenged Persons, Umuafai Ndume Ibeku: ₦1,000,000, Caregivers: ₦150,000, Ngwa Road Motherless Babies Home – ₦1,000,000, Caregivers: ₦150,000 and SDA Motherless Babies Home: ₦1,000,000, Caregivers: ₦100,000.
Human angle
Living with disabilities: Gov. Otti described as champions, approves citing of zonal facility in Abia.
The Editor, Umuahia
The Executive Secretary and Chief Executive Officer of the National Commission For Persons Living with Disabilities, Hon. Ayuba Gufwan, has described Governor Alex Otti as the champion of the disabilities community in Nigeria.
Hon. Gufwan made this assertion when he and his colleagues paid a working visit to Governor Alex Otti in the state.
He commended the Governor for his friendly disposition toward persons living with disabilities and appreciated him for establishing a commission for persons with disabilities in Abia state.
“We are deeply appreciative that upon your assumption of office, you established the Abia State equivalent of the National Commission of Persons with Disabilities.
“I commend you and express the heartfelt appreciation of the 35 million persons living with disabilities in Nigeria. We say thank you for what you have done for us,” he said.
He disclosed that they were in Abia to appeal to the governor to provide them with a Southeast Zonal office of the National Commission for Persons Living with Disabilities in Abia , saying that the state was chosen because it is hospitable.
“There is no place that is as hospitable to persons with disabilities in this region other than Abia State and that is why we are here.
“We are 35 million and we don’t have an office anywhere other than the office in Abuja and so, it is very difficult to administer this huge number from one location.
“So, people in the Southeastern part of Nigeria who need our services can just access our zonal office,” Gufwan stated.
In his response, governor Alex Otti gave express approval for the facility to be provided in two months time.
“I want you to leave here convinced, knowing fully well that we have not only heard but we have approved it.
As you leave here, my Special Assistant on Persons Living with Disabilities will liaise with the Director General of Umuahia Capital Development Authority and Commissioner for Lands and Housing to identify a befitting office for the Southeast Zone of the council.
He said that his government does not discriminate against persons living with disabilities or any other group, including people of different religious inclinations or tribes.
“Our Government is a Government that does not discriminate against persons living with disabilities, we don’t discriminate against women, we don’t discriminate against people because of their religious beliefs nor because of where they come from.
“That is why we pride ourselves as the first state in recent times that appointed a Head of Service who is not from Abia nor from the Southeast but is from the South South.
It is because we are focused on meritocracy without discrimination”, Gov. Otti stated.
The Governor, who encouraged persons living with disabilities, noted that, that someone has one disability or the other does not make him a disabled person. Governor Otti, on the spot, acceded to their request to be provided a place for them to set up their Southeast headquarters in Abia state.
“So, I am sure that in the next two or three months, your office will relocate to that place, and you (Ayuba) will be invited back to be handed over to the Southeastern Zonal office,” Gov. Otti assured.
Human angle
Armed forces day: Abia gov. calls for new national values, cohesion, etc.
By Editor, Umuahia
The Abia State Governor, Dr. Alex Otti has said that there is need for Nigerians to evolve a new set of national values that enthrones justice as the foundation of the national unity.
Governor Otti stated this while reading his address during the 2025 Armed Forces Remembrance Day celebration held at the Aguiyi-Ironsi cenotaph, Ogurube layout, Umuahia.
He urged all to reject corruption and all forms of abuse of public trust and ensure promotion of justice and fairness in all spheres of life and emphasised the need to cater for the members of the Nigerian armed forces.
“To all of us, the more important take away of today’s celebration is the need to evolve a new set of national value that promotes justice at the foundation of our national unity, reject corruption and all forms of abuse of public trust and ultimately enthrone meritocracy, fairness and an enduring sense of patriotism in the execution of our duties as stakeholders in the national renaissance project.
“Every Nigerian, especially those who have answered the patriotic call of defending our land against all forms of threats should get what is due them when it is due for that is the only way of strengthening the nation,” Gov. Otti said.
The Governor maintained that Nigerian people equally have a responsibility of supporting the military and other members of the Nigerian armed forces and encouraged all to seek a resolution to disputes with wisdom instead of deploying violence which puts lives of innocent men and women in danger.
“We have a sacred responsibility to build a better national community by bringing our grievances to the table for solution.
“Violence can neither yield nor guarantee the actualization of satisfactory outcomes, we are therefore encouraged to seek a resolution to disputes with wisdom and a general sense of brotherhood instead of resorting to violence which puts the lives of innocent men and women in grave danger.
“As citizens , it is our job to support these men and women who make uncommon sacrifices to guarantee the security and peace of our nation.
“We are to lift their morale by words of encouragement and willingness to cooperate with them when called upon especially in the tracking and identification of criminal activities in our communities,” he said.
He however enjoined the officers and men of the Nigerian military establishments to model the highest conduct of professionalism and ethical behaviour in the discharge of their duties, saying that they should appreciate the fact that Nigeria is a nation governed by laws respect for the right s of citizens.
Governor Otti sid that it would not be acceptable for the members of the armed forces to engage in acts that undermine the ethos of the military practice assured that his government would continue to work closely with them and cater for their welfare.
“It will never be acceptable for our service men and women to engage in acts and practices that undermine the ethos of the military profession or damage the reputation of the institution they represent.
“As a state, we shall continue to work closely and cordially with the various arms of the military and other security agencies to make Abia a safe destination for individuals, families and businesses,” Gov. Otti assured.
He appreciated the various security agencies working in the state for their efforts in making the state safe and expressed the joy that the collaboration with them has continued to improve on the security of the state.
He regretted the loss of some galant officers last year who died in active service and informed that his government has fulfilled all its promises to the families of the deceased including cash payment, scholarship for the children among others.
The event featured laying of wreaths on the tomb of the unknown soldier by Governor Alex Otti, Commander 14 Brigade, Brigadier O.O Diya, Commandant Nigeria Naval College Owerrinta, O.A Eyitayo, Commissioner of Police, CP Danladi Isa, Chairman Nigerian Legion Abia State Chapter, Commodore Austine Duruoha (rtd), Speaker Abia State House of Assembly, Rt. Hon. Emmanuel Emeruwa, Chairman Abia State Council of Traditional Rulers, Eze Linus Nto Mba among others
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