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National Broadcasting Commission (NBC) has approached the Court of Appeal in Abuja to challenge the November 23, 2023 ruling by Justice James Omotosho of the Federal High Court, Abuja, dismissing the commission’s motion to set aside the May 10, 2023 judgment restraining NBC from further imposing fines on radio and television stations.
In a Notice of Appeal filed on its behalf by Babajide Koku (SAN), leading Victor Ogude (SAN), Kehinde Wilkey and Ms Aanuoluwapo Babalola, the NBC asks the appellate court to set aside the ruling and grant its application to set aside the judgment delivered on May 10, 2023.
The suit instituted by Abuja-based lawyer, Noah Ajare, on behalf of Media Rights Agenda (MRA), challenged the powers of the NBC to fine broadcasters, following a March 1, 2019 announcement by the NBC that it had imposed a fine of N500,000 each on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code.
In his May 10, 2023 judgment, Justice Omotosho ruled that fines were sanctions imposed on a person, who had been found guilty of a criminal offence.
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