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The National Broadcasting Commission’s desperate bid to reclaim its power to fine broadcasters crashed into a wall of legal technicality today, as the Court of Appeal in Abuja struck out its appeal for what it called a “fundamentally defective” Notice of Appeal.

In a decision that left the NBC’s high-powered legal team red-faced, the court ruled that the Commission had effectively appealed as the wrong entity—a blunder so basic it robbed the judiciary of jurisdiction to even hear the case.

The Gavel Falls on a Ghost

Justice Jane Esienanwan Inyang, delivering the unanimous lead judgment, pointed to a fatal error that could have been caught by a first-year law student: the NBC filed its appeal under the name “Nigerian Broadcasting Commission.”

The problem? That entity does not exist in the eyes of the law.

“The parties before the Federal High Court were clearly described as the Incorporated Trustees of Media Rights Agenda and the National Broadcasting Commission,” Justice Inyang stated, her voice cutting through the courtroom. “In the Notice of Appeal before us, the Appellant is described as the Nigerian Broadcasting Commission. This is not a minor typographical error. It is a fundamental defect affecting the very competence of this appeal.”

She emphasized that a Notice of Appeal is the “substratum” of the entire appellate process. Without a competent one, the court simply has no power to act, regardless of the merits of the NBC’s arguments.

“Jurisdiction cannot be conferred on this court by the consent of the parties, by waiver, or by participation,” she ruled, striking down any argument that the NBC’s presence in court could cure the defect. “The Notice of Appeal and the accompanying briefs are fundamentally defective. In fact and in law, there is no appeal before this Court.”

The High-Stakes Battle Behind the Blunder

The now-defunct appeal was the NBC’s second attempt to overturn a landmark January 17, 2024 judgment by Justice Rita Ofili-Ajumogobia. That earlier ruling had declared the NBC’s August 2022 imposition of ₦5 million fines on Multichoice (DSTV), TelCom Satellite (TSTV), Trust-TV, and NTA Startimes as “unlawful and unconstitutional.”

The fines were levied for broadcasting documentaries on banditry and insecurity in Zamfara State, content the NBC claimed undermined national security. But Justice Ofili-Ajumogobia saw it differently, holding that the fines violated the fundamental rights of Media Rights Agenda (MRA), its members, and all Nigerians to receive ideas and information without interference, as guaranteed by Section 39 of the Constitution and the African Charter.

A Pattern of Judicial Humiliation

This is not the NBC’s first appellate loss on this issue. Just two weeks ago, on April 2, 2026, the same Court of Appeal dismissed a separate NBC appeal seeking to overturn an earlier judgment by Justice James Omotosho. In that May 2023 ruling, the court had established that fines are criminal sanctions, and only courts of law, not regulatory commissions, have the power to impose them.

Today’s ruling not only upholds that principle but adds a layer of procedural humiliation for the Commission’s legal team, led by Mr. Bashir Ramoni of SimmonsCooper Partners, who faced the bench alongside Mr. John Ojelabi and Ms. Rosecarmel Odeh.

For MRA, represented by Mr. Ezenwa Anumnu of Joint Heirs Chambers, the victory was sweet and swift.

“This is a vindication of the rule of law,” Anumnu told reporters outside the courtroom, clutching the certified judgment. “The NBC cannot continue to act as prosecutor, judge, and executioner against the press. They came to this court with a defective appeal, and the court has rightly told them that even procedural rules must be obeyed. The perpetual restraining order against their fines stands. Broadcasters can breathe again.”

What This Means for Nigerian Media

With the appeal struck out, the perpetual injunction against the NBC remains in full force. The Commission cannot legally impose any fines on radio or television stations, a power it had wielded with increasing frequency to silence critical coverage of security issues.

Legal analysts note that while the ruling is a victory for press freedom, it is also a stark lesson in legal diligence. The NBC’s failure to correctly identify itself on a court document, a mistake that can be traced to careless drafting, has cost the Commission its chance to challenge a judgment that fundamentally cripples its enforcement powers.

For now, the NBC is left with no appellate recourse on this matter. Its only options are a potential appeal to the Supreme Court, provided it can correctly name itself on the application—or a legislative push to amend the NBC Act to grant explicit fining powers, a move that would face fierce opposition from civil society.

As Justice Inyang concluded in her ruling: “An appeal that is incompetent in its foundation cannot be rebuilt in the middle. It collapses entirely.” And today, the NBC’s case crumbled under the weight of a single, misplaced word.