In News by Oluwaseun Samuel on the 14th, August, 2020

NBC’s N5m Superb On Radio Station Over Mailafias Boko Haram Interview Is Unlawful

NBC's N5m Fine On Radio Station Over Mailafias Boko Haram Interview Is Illegal

Falana

Femi Falana

Human Rights activist and Senior Advocate of Nigeria, Femi Falana has acknowledged that the N5 million superb imposed by the Nationwide Broadcasting Fee (NBC) on Nigeria Information 99.three over Obadiah Mailafia’s remark of a northern governor being one of many commanders of Boko Haram, is against the law.

The NBC which imposed the superb on the radio station has alleged that the Mailafia’s remark within the interview, violated provisions within the amended sixth version of the Nigeria Broadcasting Code.

Nonetheless reacting to this, Falana averred that the amended code underneath which the radio was fined was but to return into drive. He additional disclosed that the investigation being performed into Dr. Obadiah’s interview by the State Safety Service has not been concluded.


Falana Mentioned;

“The chairman of the NBC board disclosed that the modification of the code authorising the fee of the superb of N5 million was not permitted by the board. That implies that the modification of the code has not come into drive.

“Assuming that the code was correctly amended the board can not cost a suspect with felony offences, prosecute, convict and impose a superb on him. The investigation being performed into Dr. Obadiah’s interview by the State Safety Service has not been concluded. So why was NBC in a rush to violate the basic proper of the broadcasting station to truthful listening to?

“Part 33 (four) of the structure supplies that anybody charged with a felony offence shall be tried earlier than a reliable courtroom or tribunal. Solely a reliable courtroom of regulation is empowered to attempt, convict and impose a superb on a felony suspect after a trial has been performed earlier than a reliable courtroom.  In Mobil Producing Nigeria Limitless in Swimsuit FHC/UY/CS/1623/2016 – Nationwide Oil Spill Detection & Response Company (NOSDRA) vs. Mobil Producing Nigeria Limitless the federal excessive courtroom per honourable Justice Ojukwu held that the imposition of fines by regulatory businesses was illegal. The judgment of the discovered trial decide was upheld by the courtroom of attraction within the case of Nosdra v Exxon Mobil (2018) JELR 41137 (CA).   

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“In view of the truth that the imposition of the N5 million superb was anchored on a purported modification of the code and for the reason that NBC lacks the authorized competence to impose a superb on any broadcasting station with no discovering of guilt by a correctly constituted felony courtroom the NBC ought to suo mutu quash the unlawful superb.”

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