The National Broadcasting Commission (NBC)’s application for an injunction setting aside its ruling restricting the commission from imposing fines on broadcast stations in the country was denied by Justice James Omotosho of the Federal High Court in Abuja.
In his decision, Justice Omotosho disregarded all of the NBC’s reasons, dismissing them as an afterthought.
Despite being served with the originating procedure and hearing notifications in the case leading to the judgement, Justice Omotosho concluded that the commission neglected to file its defence.
The judge stated that, contrary to NBC’s claim that it was not served with the court procedures that resulted in the judgement, the court file showed that services were rendered to NBC but that they failed to file and refused to enter presence.
He said there was affidavit of facts deposed to by the court bailif that confirmed that court processes were served on the commission on different occasions.
“The respondent applicant cannot claim it was not serve. The objection is hereby overruled,” he said.
Justice Omotosho had on May 10 gave an order of perpetual injunction restraining NBC from imposing fines on broadcast stations.
The judge also set aside the N500,000 fines imposed by the commission on March 1, 2019 on each of the 45 broadcast stations alleged to have violated its code.
He held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.
He further held that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.