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Federal High Court bars NBC from imposing fines on broadcast stations in Nigeria

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A Federal High Court in Abuja, on Wednesday, gave an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.
Justice James Omotosho, in a judgement, also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.
Justice Omotosho held that the 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 sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.
He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.
He said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.
The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to.enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.
He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.
“This will go against the doctrine of separation of powers,” he said.
Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.
“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.
The News Agency of Nigeria (NAN) reports that the NBC had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.
However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.
In the motion dated Nov. 9, 2021 by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.
The lawyer also said that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.
The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”
They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.
They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”
Delivering the judgment, Justice Omotosho decsribed the NBC’s act as being ultra vires.
He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.
The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.

Courtesy: (NAN)

Business

Dangote, NMDPRA CEO’s Feud: Ahmed disclaims Reaction in the News

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Engr. Farouk Ahmed, Chief Executive of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), has issued a disclaimer distancing himself from a purported response circulating online regarding recent corruption allegations levelled against him by billionaire businessman Aliko Dangote.

In a statement titled “DISCLAIMER/CLARIFICATION” personally signed by Ahmed, he categorically denied authoring or authorising any prior public response to the claims.

He said: “My attention has been drawn to a purported response I was said to have made on the recent allegations against my person,” the statement read.

“I hereby state categorically that the so-called statement did not emanate from me.

“Ahmed acknowledged awareness of what he described as “wild and spurious allegations” targeting him and his family, which have sparked significant public attention. However, citing his role as regulator of a sensitive industry, he said he has deliberately avoided engaging in public exchanges or “brickbats.”

“Thankfully, the person behind the allegations has taken it to a formal investigative institution,” Ahmed noted. “I believe that would provide an opportunity to dispassionately distill the issues and to clear my name.

“The disclaimer comes amid escalating tensions in Nigeria’s petroleum sector. Dangote, president of Dangote Industries Limited, recently petitioned the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate Ahmed over claims of living beyond legitimate means, including alleged multi-million-dollar expenditures on his children’s education abroad.

The ICPC has confirmed receipt of the petition and stated it will be duly investigated.Ahmed’s statement signals his preference for the matter to be resolved through official channels rather than media debates.

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Adesanya joins FrieslandCampina from Guinness Nigeria

Adesanya announced the move on his LinkedIn page, stating, “I’m happy to share that I’m starting a new position as Director of Group Sales at FrieslandCampina.

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FrieslandCampina WAMCO has appointed former Guinness Nigeria Commercial Director, Olusanya Adesanya, as its new Group Director of Sales, marking a significant talent shift in Nigeria’s fast-moving consumer goods sector.

Adesanya announced the move on his LinkedIn page, stating, “I’m happy to share that I’m starting a new position as Director of Group Sales at FrieslandCampina.”

Adesanya, regarded as one of the country’s foremost commercial strategists, has been instrumental in Guinness Nigeria’s resurgence.

His exit was confirmed in a statement signed by the company’s Managing Director and Chief Executive Officer, Girish Sharma, who hailed his “twelve remarkable years of positive impact and growth.”

According to Guinness Nigeria, Adesanya joined the company in 2013 as a sales representative and rose through the ranks across the South-East, Lagos and South-West regions, ultimately becoming commercial director in 2023.

Over the years, he led retail expansion initiatives, including the launch of Project REAP, which transformed retail execution and broadened the company’s distribution footprint.

Under his leadership, Guinness recorded double-digit topline growth, improved margins, enhanced trade spend efficiency and strengthened distributor profitability.

His performance earned him several awards, including the African President Awards (2021) and MAD Awards (2014 and 2015).

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Senate passes 2026-2028 MTEF/FSP

The Senate also approved the sum of US$64.85 per barrel as the oil benchmark, projected aggregate revenue of N34.33 trillion…

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The Senate has approved the sum of N54.46trillion as the federal government’s aggregate expenditure for the 2026 fiscal year.

This followed the passage of the 2026–2028 Medium Term Expenditure Framework and Fiscal Strategy Paper (MTEF/FSP) during plenary yesterday.

The Senate also approved the sum of US$64.85 per barrel as the oil benchmark, projected aggregate revenue of N34.33 trillion, Fiscal Deficit of N20.13 trillion, borrowings of N17.88 trillion, Debt Service of N15.52 trillion, and Pensions, gratuities, and retirees’ benefits of N1.376 trillion.

The approval of the fiscal document followed the presentation and consideration of the report of the Senate Committees on Finance during plenary.

The report was presented by the Chairman of the Committee, Senator Mohammed Sani Musa (APC – Niger East).

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