Business
Federal High Court bars NBC from imposing fines on broadcast stations in Nigeria
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
Air Peace Achieves IATA’s IOSA Certification for Sixth Consecutive Times
The IOSA certification, which is renewed regularly by airlines, presumes that the airline operates with the highest standard of safety.
Air Peace has achieved its sixth consecutive International Air Transport Association (IATA) Operational Safety Audit (IOSA) certification.
The IOSA certification, which is renewed regularly by airlines, presumes that the airline operates with the highest standard of safety.
Speaking at the presentation ceremony, Dr. Samson Fatokun, IATA’s Regional Director for West and Central Africa, commended Air Peace for consistently meeting the stringent safety requirements.
Fatokun stated that when it comes to global safety standards, Air Peace stands shoulder to shoulder with aviation giants and the best airlines in the world.
He noted that the IOSA certification process, conducted by independent external auditors, is one of the most rigorous assessments in the industry, designed to ensure compliance with international safety and operational standards.
According to him, Air Peace has not only maintained but surpassed expectations, earning a reputation for safety that places it on a pedestal in the international aviation sectors.
Fatokun further emphasized that achieving and renewing the IOSA certification is no small feat, as many airlines struggle to maintain compliance after initial success.
He urged other Nigerian airlines to follow Air Peace’s example, noting that prioritizing safety and operational integrity would elevate the entire industry and enhance Nigeria’s reputation in global aviation.
The Chairman/CEO of Air Peace commended the Nigerian government, particularly the Minister of Aviation, for creating a supportive environment that encourages the growth of local airlines.
He called on other airlines to strive for IOSA certification, which not only validates their safety processes but also positions them as credible competitors on the global stage.
According to him, this milestone is not just a badge of honor for Air Peace but also a source of pride for Nigeria, showcasing the country’s ability to produce world-class airlines capable of holding their own among global giants.
Onyema further expressed his profound gratitude to God, the staff, and the management for their relentless efforts in sustaining this remarkable milestone.
He described the certification as a testament to Air Peace’s unwavering dedication to operational excellence and its commitment to prioritizing the safety and comfort of passengers.
Business
Parents Slam Lawsuits Against P&G, Crest, Colgate for fluoride in kids’ toothpaste, mouth rinse
Last week, a study, published in the journal JAMA Pediatrics linked higher fluoride exposures in children to lower IQ scores.
Image credit: Shoprite.ng
(Reuters) – Procter & Gamble (PG.N), and Colgate-Palmolive (CL.N), are among the defendants in six new lawsuits targeting the sale of toothpaste and mouth rinse for young children because the products contain fluoride, which can be harmful if swallowed in large quantities.
Parents filed complaints on Monday in federal courts in Illinois and California over products such as Procter & Gamble’s Kid’s Crest toothpaste and several products sold under Colgate’s namesake, Tom’s of Maine and Hello brands.
Other challenged products include Perrigo’s (PRGO.N), Firefly anti-cavity rinse, and, Sanofi’s (SASY.PA) ACT Kids rinse.
The proposed class actions cite warnings from U.S. health regulators that fluoride-based toothpastes and rinses not be used by children under ages 2 and 6, respectively, and that the toothpastes be kept out of reach of children under age 6.
They also say the products are marketed as “candy-like” with bright colors, cartoon images and flavors such as Groovy Grape and Silly Strawberry.
The color of one Kid’s Crest product is shown changing to pink from blue as children brush. Fluoride helps prevent cavities when applied topically to the teeth, but when ingested can pose significant risks to and even kill young children, according to the lawsuits.
Procter & Gamble, Colgate, Perrigo and Sanofi did not immediately respond to requests for comment.
The lawsuits seek restitution, compensatory damages and triple or punitive damages for violations of various consumer protection law.
These lawsuits are not about whether fluoride toothpaste should be available to those who want it,” Michael Connett, a partner at the law firm Siri & Glimstad representing the parents, said in an interview.
“They are about companies that mislead consumers into believing these products are harmless to young children.”
The relationship between fluoride and human health has long been debated.
Last week, a study, published in the journal JAMA Pediatrics linked higher fluoride exposures in children to lower IQ scores.
In September, a San Francisco federal judge ordered the Environmental Protection Agency to further regulate fluoride in drinking water because of the possible link to lower IQ. Connett represented advocacy groups seeking additional regulation.
The Illinois cases are Gibson et al v. Perrigo Co, Gurrola et al v. Procter & Gamble Co, Harden et al v. Colgate-Palmolive Co, and Gurrola et al v. Chattem Inc, U.S. District Court, Northern District of Illinois, Nos. 25-00348, 25-00358, 25-00362 and 25-00366.
Business
U.S Gifts Nigeria $2 Million Broadband Study Grant
During the Technology Dialogue, the U.S. Department of State hosted a senior delegation from the Nigerian government led by the Honorable Minister of Communications, Innovation and Digital Economy Bosun Tijani.
The United States and Nigeria have signed a new $2,095,000 grant to assess the viability of the deployment of at least 90,000 km of new fiber optic backbone infrastructure across Nigeria.
The grant was signed during the U.S- Nigeria Technology Dialogue hosted by the Department of State in Washington, D.C.on January 10.
In a statement, the Office of the Spokesperson said that the project, funded by the U.S. Trade and Development Agency, supports Nigeria’s National Broadband Plan 2020-2025 to increase the country’s broadband penetration rate from 42.27 percent to 70 percent and ensure that at least 90 percent of Nigeria’s population has access to affordable and reliable broadband coverage.
During the Technology Dialogue, the U.S. Department of State hosted a senior delegation from the Nigerian government led by the Honorable Minister of Communications, Innovation and Digital Economy Bosun Tijani.
The parties discussed enhancing the resilience and security of essential services and facilities; promoting digital trade, e-commerce, and innovation-driven economic growth; developing a skilled workforce to meet the demands of the digital age; expanding our artificial intelligence partnership related to capacity building, infrastructure, and rights-respecting approaches to governance; and promoting information integrity.
Following the formal Technology Dialogue, the delegations joined a roundtable discussion with industry representatives hosted by the U.S. Chamber of Commerce.
Industry participants included representatives from over 25 U.S. and Nigerian companies active in technology sectors, including artificial intelligence, telecommunications, digital infrastructure, satellites, aerospace, fintech, and cybersecurity.
The program featured a panel discussion on Advancing Public-Private Sector Investment in Innovation and Digital Talent Development.
This panel highlighted opportunities for public-private partnership and investment solutions to spur innovation and promote digital talent development through the U.S.-Nigeria commercial partnership.
A second panel discussion on the role of critical infrastructure in advancing the use of AI examined the interplay between the infrastructure that is essential to the development of AI and the governance frameworks that can help spur deployment of emerging technologies to support inclusive growth.
In line with the Technology Dialogue, the United States and Nigeria agreed to hold a virtual expert exchange on AI-enabled biotechnology.
This discussion will explore how the convergence of AI and biotechnology can spur progress in addressing global health, food security, and science – with a focus on sub-Saharan Africa.
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