By O.G. Chukkol, ACIArb (UK)

It has been reported everywhere in the media that the National Broadcasting Commission (NBC) has fined Channels Television, Arise TV and AIT for what it termed “unprofessional coverage” of the #EndSARS protests.

According to NBC, the sanctioned stations used unverifiable video footages from social media which “stimulated anger and heightened the violence that was witnessed during the #EndSARS crisis.”

The sanction was therefore said to be pursuant to Regulation 5.6.9 of the NBC Code

How NBC arrived at its conclusion about the veracity of the videos used by the sanctioned television stations is still a mystery to me. Is NBC not speculating?

The sanction seems to be a conclusion that the videos that went viral in the media were fake.

There are tribunals of inquiry set up in various states already to look into the issue. Wouldn’t that amount to overreaching the findings of the tribunals?

Although I understand that NBC is as independent as the tribunals mentioned above, but I think they were quick in running into conclusion and even sanctioning TV stations.

Secondly, I have reservations about the legality of the fine imposed by NBC. I am afraid the fine itself is unconstitutional.

In Bashiru v. F.R.N (2016) LPELR-40252 (CA), the Court of Appeal, per Abba Aji, JCA., held that “a fine is pecuniary penalty imposed by a competent court upon a person convicted of a crime.”

In Abdullahi v. State (2015) LPELR-25928 (CA), the court shed light on the meaning and nature of fine as follows:

“A fine is strictly restricted to crimes. By definition therefore, fine is a payment of money ordered by a court from a person who has been found guilty of violating law. It may be specified as the punishment for an offence, usually a minor offence, but could also be specified and used as an option to imprisonment to major crimes or a compliment to other punishments.”

Having said that, it is submitted that fining those stations by NBC amounts to usurpation of the functions of courts.

In the often cited case of Garba v. University of Maiduguri (1986) 1 NWLR (Pt18) 550 at 584, para B., the apex court said:

“Judicial Powers are not vested in private persons, administrative tribunal or other authorities. By the purported exercise of judicial powers, the person injured is denied the right to fair hearing under section 33(1) and (4) by the action of those persons or authorities. If a person is accused of committing or having committed a criminal offence his civil obligation not to commit the offence is called into question. Similarly, his civil right to freedom from arrest, prosecution and punishment is called into question.”

In the most recent case of NOSDRA v. ExxonMobil (2018) LPELR-44210(CA), the Court held that an Administrative/Regulatory Agency has no power to impose fines without proper adjudication by a Court of law. For the avoidance of doubt, let me produce, verbatim, the words of the Court of Appeal Justices:

“I must here underline the fact that awarding a fine is a judicial act and it is the sole prerogative of a Court of law under Section 6 of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended). No other organizations or bodies can usurp that power. Any law that would consign to anybody other than the Courts the power to award fine is unconstitutional.”

In the light of the foregoing, it is my view that NBC was wrong in fining AIT, Arise TV and Channels TV. The said fine is likely to be set aside by court if challenged.

It is also my view that such sanction will amount to gagging the press. Much as our TV stations are expected to be factual and accurate in their broadcasts, I do not think NBC was correct, either, in running to conclusion about veracity of contents and sanctions.

This is my view on the issue.

O. G. Chukkol, ACIArb (UK) is a final year student of faculty of law, Ahmadu Bello University (ABU), Zaria and may be reached via [email protected] for criticism.