Business

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

Published

2 years ago

May 10, 2023

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)

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Business

BREAKING: NNPC announces plans to shutdown Port Harcourt refinery

Published

10 hours ago

May 24, 2025

Charles Flames

The Nigerian National Petroleum Company Limited (NNPC Ltd) has announced a scheduled maintenance shutdown of the Port Harcourt Refining Company (PHRC).

According to NNPC, the shutdown is set to begin on May 24, 2025.

In a statement released today by the Chief Corporate Communications Officer, Femi Soneye, the NNPC said the shutdown is part of a planned maintenance and sustainability assessment aimed at ensuring optimal performance of the facility.

The statement reads: “The Nigerian National Petroleum Company Limited (NNPC Ltd) wishes to inform the general public that the Port Harcourt Refining Company (PHRC) will undergo a planned maintenance shutdown.

“This scheduled maintenance and sustainability assessment will commence on May 24,2025.

“We are working closely with all relevant stakeholders, including the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), to ensure the maintenance and assessment activities are carried out efficiently and transparently.

“NNPC Ltd remains steadfast in its commitment to delivering sustainable energy security.

”The company added that further updates will be provided regularly through official channels, including its website, media platforms, and public statements.

Business

FG vows to sanction airlines bringing passengers into Nigeria without valid visas

Published

1 day ago

May 23, 2025

Charles Flames

The Federal Government has threatened that any airline caught airlifting passengers into Nigeria without a valid entry visa, Landing, and Exit cards would be sanctioned.

The Minister of Interior, Olubunmi Tunji-Ojo, stated this during a stakeholders’ engagement programme on the implementation of the E-Visa, Landing and Exit Cards on Friday in Lagos.

The Minister, who was emphatic on the Federal Government’s resolutions, vehemently said that Nigeria is not a dumping ground and that no foreigner should be allowed entry without a visa.

He added that although Nigeria was making entry more accessible with the introduction of the E-Visa, but the country would not compromise on national security.

He urged the Nigeria Civil Aviation Authority on the enlightenment and enforcement of its oversight function as a regulator to ensure that airlines adhere to the 2025 Nigeria Visa Policy.

Tunji-Ojo further tasked airlines on national security, stating that the E-Visa was of national interest to improve border security, tourism, and sustainable economic growth.

He said, “I plead with the NCAA to regulate, that is why this meeting is a strategic collaborative effort of the ministry, the Nigeria Immigration Service, and the NCAA. I can see the DG of the NCAA on seat and that is what is called collaboration.

“For the airlines, I know you are here to do business but you also have a responsibility in terms of national interest and security. Before anybody comes to Nigeria, please see their Visas, not a proof of payment or their tickets.

“It is not acceptable in the UK, US, Canada, and other climes, and it will not be acceptable in Nigeria anymore,” he added.

Speaking on the ease of applying for the E-Visa and Landing and Exit cards, Tunji-Ojo said that it was necessary for the purpose of opening Nigeria’s frontiers to investors.

He disclosed that as of May 22nd, the NIS had received a total of 5,814 applications, approved 5,671, rejected 66, and queried 62 applications since the introduction of E-Visa on May 1.

According to him, the E-Visa process will improve the database of the NIS with information on travelers.

He explained the features of the E-Visa, the Landing and Exit cards with a barcode.

“That you applied for a Nigerian visa does not mean you will have the visa, you will need to meet certain criteria for the visa to be issued” he added.

The Director-General of the NCAA, Chris Najomo in his welcome address said that the introduction of the e-Visa and the associated Landing and Exit card systems was a milestone.

Najomo said that was a significant milestone in Nigeria’s journey towards enhancing air travel facilitation while ensuring the highest standards of aviation security and operational efficiency are maintained.

“The e-Visa showcases one of the practical ways we continually align with global best practices by complying with the ICAO provisions of Annex 9 to the Convention on International Civil Aviation – on Facilitation.

“It is, inherently designed to improve the experience of travelers, while strengthening our border control mechanisms.

“The importance of seamless inter-agency collaboration cannot be over-emphasized in a bid to ensure the effective implementation of these systems without compromising safety, security, or service delivery.

“The benefits derived from e-Visa applicants being able to complete visa applications entirely online, with processing time reduced to less than 48 hours, would have a multiplier effect.

It will showcase Nigeria as an investor- and tourist-friendly nation, invariably translating to economic growth.

”The Controller General of the NIS, Kemi Nandap in her closing remarks expressed her appreciation to the Minister of Aviation and Aerospace Development, the NCAA D-G, the Managing Director of the Federal Airports Authority, and the NIS team.

She called for more inter-agency collaborations to further strengthen the seamless implementation of the e-visa, Landing, and Exit cards innovation.

Business

MAN Seeks CBN’s Interventions Over Freezing of Members Accounts By Commercial Banks

“Commercial banks and manufacturers should be partners that collaborate to build shared prosperity for the nation, not adversaries, “said Ajayi-Kadir.

Published

2 days ago

May 23, 2025

OhiBaba

A worrisome case in point is the ongoing forex forward-related dispute involving KAM Industries Nigeria Limited, a leading manufacturer in the steel sector in West Africa a member of the Association, and one of the commercial banks in Nigeria.

The Manufacturers Association of Nigeria has call on the Central Bank of Nigeria to direct commercial banks to immediately unfreeze the accounts of manufacturers affected by unmet foreign exchange forwards obligations.

Segun Ajayi-Kadir, the Director- General of MAN, in a statement, yesterday , lamented that this development has led to the harassment and the freezing of some of its members’ corporate and personal bank accounts by some commercial banks in the country.

The $2.4 billion Forex backlog was part of a $7 billion outstanding obligation.

Last year, despite the interventions of the former Minister of Industry, Trade and Investment, Dr Doris Uzoka, the CBN’s failure to these forward contracts, which are intended to mitigate currency risks, is causing financial distress for manufacturers.

“A worrisome case in point is the ongoing forex forward-related dispute involving KAM Industries Nigeria Limited, a leading manufacturer in the steel sector in West Africa a member of the Association, and one of the commercial banks in Nigeria.

“Commercial banks and manufacturers should be partners that collaborate to build shared prosperity for the nation, not adversaries, “said Ajayi-Kadir.

He emphasised that as a vital sector of the economy, manufacturers rely heavily on access to Forex for the importation of essential raw materials, machinery, and equipment that are not locally available.

However, recent developments have shown a troubling trend in the way banks are handling the matter, to the extreme detriment of manufacturing industries.