In a recent legal development, Justice James Omotosho of the Federal High Court Abuja has maintained the integrity of his earlier decision, dismissing an appeal from the National Broadcasting Commission (NBC).
The appeal sought an order to set aside a judgement that restrained the commission from imposing fines on broadcast stations in the country.
Touchaheart Nigeria reports thta this pivotal ruling reinforces the court’s commitment to upholding justice and protecting the rights of media houses.
In May, Justice Omotosho issued an order of perpetual injunction, effectively preventing the NBC from imposing fines on broadcast stations.
The court argued that the NBC Code, which grants the commission the authority to impose sanctions, conflicts with Section 6 of the Constitution, which vests judicial power in the court of law.
The recent dismissal of the NBC’s appeal reaffirms the court’s stance on this matter.
Failure to File Defense
Justice Omotosho, in dismissing the NBC’s appeal, highlighted the commission’s failure to file a defense despite being served with the originating process and hearing notices.
He emphasized that the NBC’s argument, claiming it was not served with court processes, was baseless, as the court file clearly indicated otherwise.
The judge noted that services were indeed effected on the NBC, but the commission neglected to file and refused to enter appearance.
Affidavit of Facts
Furthermore, Justice Omotosho drew attention to an affidavit of facts submitted by the court bailiff, confirming that court processes were served on the commission on different occasions.
This factual confirmation strengthens the court’s position and underscores the importance of due process in legal proceedings.
Describing the grounds presented by the NBC as an afterthought, Justice Omotosho firmly stood by his earlier decision.
The judge’s commitment to the rule of law and adherence to procedural fairness is evident in his verdict, which reinforces the principle that no entity, regardless of its stature, is above the law.
What You Should Know
The Federal High Court’s refusal to vacate the judgement stopping the NBC from imposing fines on media houses is a significant victory for the principles of justice and fairness.
This legal saga emphasizes the importance of respecting constitutional provisions and following due process.
As media houses navigate the regulatory landscape, this decision sets a precedent for the protection of their rights and the promotion of a free and unbiased media environment.
The court’s unwavering commitment to justice is a beacon for upholding the rule of law in our society.