Justice James Omotosho of the Federal High Court Abuja has dismissed the National Broadcasting Commission (NBC)’s motion seeking an order setting aside its judgement restraining the commission from imposing fines on broadcast stations in the country.
Delivering the judgement, Justice Omotosho dismissed all the grounds put forward by the NBC, describing the same as an afterthought.
Justice Omotosho held that despite being served with the originating process and hearing notices in the case leading to the judgment, the commission failed to file its defence.
The judge said contrary to NBC’s argument that it was not served with court processes that led to the judgement, the court file showed that services were effected on NBC but failed to file and refused to enter an appearance.
He said there was an affidavit of facts deposed to by the court bailiff that confirmed that court processes were served on the commission on different occasions.
“The respondent applicant cannot claim it was not served. The objection is hereby overruled,” he said.
Justice Omotosho had on May 10 given 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.
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