THE Court of Appeal in Abuja has dismissed an appeal by the National Broadcasting Commission (NBC), affirming an earlier ruling that stopped the commission from fining broadcast stations.

In a unanimous judgment delivered on Thursday, April 2, the three-member panel ruled in favour of Media Rights Agenda (MRA), which had challenged the NBC’s powers in court..

The court upheld the May 2023 ruling of the Federal High Court, where one of its judges, James Omotosho, held that only courts, not regulatory agencies, had the power to impose fines for offences.

Omotosho had ruled that fines were sanctions imposed on individuals or organisations found guilty of criminal offences, and that only courts of law in Nigeria had the authority to impose such penalties.

He consequently set aside the fines imposed by the NBC on 45 broadcast stations.

The ICIR reports that the fines, amounting to ₦500,000 each, were announced by the commission on March 1, 2019, for alleged breaches of the Nigeria Broadcasting Code.

Omotosho further ruled that the NBC “is neither a court nor a judicial tribunal to make pronouncements on the guilt of broadcast stations,” adding that the commission’s actions violated the Nigerian Constitution.

The judgment was entered after the NBC failed to appear in court to defend the suit, despite evidence showing it had been duly served with court processes.

In July 2023, the NBC filed a motion asking the same court to set aside the judgment, arguing that the judge lacked jurisdiction and had made his decision without considering relevant facts.

However, on November 23, 2023, Omotosho dismissed the application, describing it as ‘futile’ and “an afterthought,” and noting that the commission had chosen not to defend the case when it had the opportunity.

Dissatisfied with the outcome, the NBC proceeded to the Court of Appeal.

At the hearing of the appeal on February 4, 2026, the NBC’s legal team, including Victor Ogude and Kehinde Wilkey, adopted their written arguments and made additional submissions.

Counsel to MRA, Ezenwa Anumnu, also adopted his brief and responded on behalf of the organisation.

Delivering the lead judgment, Oyejoju Oyewumi, a judge, upheld MRA’s arguments, ruling that the NBC’s appeal lacked merit.

She held that having failed to challenge the case at the Federal High Court, the commission could not raise issues at the appellate stage.

The two other justices on the panel, Abba Bello Mohammed and Donatus Uwaezuoke Okorowo, agreed with the lead judgment.

With this ruling, MRA has secured victory in the first of the two separate appeals involving the NBC over similar judgments of the Federal High Court restraining the commission from imposing fines on broadcast stations.

The second appeal, still pending before the Court of Appeal, stemmed from another Federal High Court judgment delivered on January 17, 2024, by Rita Ofili-Ajumogobia.

In that case, the court also ruled against the NBC in a suit filed by MRA after the commission imposed fines of ₦5 million each on a television station and three pay-TV platforms in 2022.

The fines were issued over allegations that the stations undermined Nigeria’s national security by broadcasting documentaries on banditry.

The Court of Appeal heard arguments in the second appeal on March 25, 2026, and has reserved judgment, which is expected to be delivered at a later date.