The Court of Appeal in Abuja has struck out a fresh appeal filed by the National Broadcasting Commission (NBC) seeking to overturn a Federal High Court judgment that barred it from imposing fines on broadcast stations.
The appellate court, in a unanimous decision delivered on Wednesday, ruled that the appeal was incompetent and could not be entertained.
The case was dismissed after the court identified a defect in the notice of appeal relating to the identity of the appellant.
According to the court, the matter at the lower court involved the National Broadcasting Commission, while the appeal was filed in the name of the Nigerian Broadcasting Commission.
Justice Jane Inyang held that the inconsistency was a fundamental legal error that rendered the appeal invalid.
The court further ruled that a valid notice of appeal is essential for an appellate court to assume jurisdiction over any matter.
The appeal stemmed from a January 2024 judgment of the Federal High Court, which nullified fines imposed by the NBC on several television service providers and broadcasters.
The affected organisations were sanctioned in 2022 after airing documentaries on banditry and insecurity in Zamfara State.
In its judgment, the Federal High Court held that the sanctions violated constitutional provisions guaranteeing freedom of expression and access to information.
The ruling represents another setback for the NBC and strengthens existing judicial decisions limiting the commission’s authority to impose financial penalties on broadcasters without recourse to the courts.
