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The Court of Appeal in Abuja has dismissed another attempt by the National Broadcasting Commission (NBC) to overturn a High Court ruling that stopped it from imposing fines on radio and television stations.
In a unanimous judgment delivered on Wednesday, the appellate court said the NBC’s appeal was “fundamentally defective” and legally incompetent.
Justice Jane Inyang, delivering the lead judgment, pointed out a major error in the case filings.
She said while the original case was between the Incorporated Trustees of Media Rights Agenda and the National Broadcasting Commission, the appeal wrongly listed the appellant as the “Nigerian Broadcasting Commission.”
The court held that this inconsistency was a serious legal defect that deprived it of jurisdiction to hear the case.
“The notice of appeal and the accompanying briefs are fundamentally defective and do not and cannot confer jurisdiction on this court to hear and determine the appeal,” Justice Inyang ruled.
The court added that a valid notice of appeal is essential for any case to proceed, and without it, “there was no appeal in fact and in law.”
The case stems from a January 17, 2024 judgment by Justice Rita Ofili-Ajumogobia, who ruled that the NBC acted unlawfully when it fined MultiChoice Nigeria Limited, TelCom Satellite Limited, Trust TV Network Limited, and NTA StarTimes Limited in August 2022.
The fines, totalling N5 million, were imposed after the stations aired documentaries on banditry and insecurity in Zamfara State. The NBC claimed the broadcasts threatened national security.
However, the court held that the sanctions violated freedom of expression as guaranteed under Section 39 of the Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
The latest ruling is another setback for the NBC in its ongoing legal battles over its power to impose fines.
In April 2026, the Court of Appeal also dismissed another NBC appeal challenging a May 10, 2023 judgment that held that only courts, not administrative agencies, may impose criminal fines.
