NBC's N5m Fine Illegal - Falana

Reacting to the N5 million fine imposed on radio station, Nigeria Info, by the National Broadcasting Commission (NBC), human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has described the fine as "illegal".

The radio station was fined by the NBC over comments made by the former Deputy Governor of the Central Bank Of Nigeria (CBN), Obadiah Mailafia, during an interview.

Mailafia had claimed that the governor of a northern state was one of the heads of the Boko Haram insurgent group.

NBC characterised the allegations as false, and that the statement by the former CBN deputy governor could incite violence.

It also stated that Mailafia's comments were in direct violation of the code of the commission.

Falana said that the code amended by the NBC from which the fine was issued had not been cleared by the board.

READ ALSO: NBC Code Is APC Govt's ‘Naked Attempt’ To Gag The Media - Atiku

He said, “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. 

“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 a 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.”