Femi Falana, senior advocate of
Nigeria (SAN), says the N5 million fine imposed by the National Broadcasting
Commission (NBC) on Nigeria Info 99.3 is illegal.
The radio station came under
sanction over an interview it had with Obadiah Mailafia, a former deputy
governor of the Central Bank of Nigeria (CBN).
Mailafia had alleged that a
northern governor was one of the leaders of Boko Haram — among other
allegations. The NBC, however, said Mailafia’s claims were not verifiable and
could cause public disorder.
The NBC also said the airing of
the claims was in violation of the provisions in the amended sixth edition of
the Nigeria Broadcasting Code.
But reacting, Falana said the
amended code under which the radio was fined was yet to come into force.
“The chairman of the NBC board
disclosed that the amendment of the code authorising the payment of the fine of
N5 million was not approved by the board. That means that the amendment of the
code has not come into force,” he said.
“Assuming that the code was
properly amended the board cannot charge a suspect with criminal offences,
prosecute, convict and impose a fine on him. The investigation being conducted
into Dr. Obadiah’s interview by the State Security Service has not been concluded.
So why was NBC in a hurry to violate the fundamental right of the broadcasting
station to fair hearing?
“Section 33 (4) of the
constitution provides that anyone charged with a criminal offence shall be
tried before a competent court or tribunal. Only a competent court of law is
empowered to try, convict and impose a fine on a criminal suspect after a trial
has been conducted before a competent court.
In Mobil Producing Nigeria Unlimited in Suit FHC/UY/CS/1623/2016 –
National Oil Spill Detection & Response Agency (NOSDRA) vs. Mobil Producing
Nigeria Unlimited the federal high court per honourable Justice Ojukwu held
that the imposition of fines by regulatory agencies was unlawful. The judgment
of the learned trial judge was upheld by the court of appeal in the case of
Nosdra v Exxon Mobil (2018) JELR 41137 (CA).
“In view of the fact that the
imposition of the N5 million fine was anchored on a purported amendment of the
code and since the NBC lacks the legal competence to impose a fine on any broadcasting
station without a finding of guilt by a properly constituted criminal court the
NBC should suo mutu quash the illegal fine.”
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