NBC's N5m fine on radio station over Mailafia’s ‘Boko Haram’ interview is illegal - Falana

-
Human Rights activist and Senior Advocate of Nigeria, Femi Falana has stated that the N5 million fine imposed by the National Broadcasting Commission (NBC) on Nigeria Info 99.3 over Obadiah Mailafia's comment of a northern governor is one of the commanders of Boko Haram, is illegal. 

NBC which imposed the fine on the radio station has alleged that Mailafia's comment in the interview, violated provisions in the amended sixth edition of the Nigeria Broadcasting Code. 

However reacting to this, Falana averred that the amended code under which the radio was fined was yet to come into force. He further disclosed that the investigation being conducted into Dr. Obadiah’s interview by the State Security Service has not been concluded. 

Falana said; 
“The chairman of the NBC board disclosed that the amendment of the code authorising the payment of the fine of N5 million was not approved by the board. That means that the amendment of the code has not come into force. 
“Assuming that the code was properly amended the board cannot charge a suspect with criminal offences, prosecute, convict and impose a fine on him. The investigation being conducted into Dr. Obadiah’s interview by the State Security Service has not been concluded. So why was NBC in a hurry to violate the fundamental right of the broadcasting station to fair hearing? 
“Section 33 (4) of the constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal. Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.  In Mobil Producing Nigeria Unlimited in Suit FHC/UY/CS/1623/2016 – National Oil Spill Detection & Response Agency (NOSDRA) vs. Mobil Producing Nigeria Unlimited the federal high court per honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful. The judgment of the learned trial judge was upheld by the court of appeal in the case of Nosdra v Exxon Mobil (2018) JELR 41137 (CA).    
“In view of the fact that the imposition of the N5 million fine was anchored on a purported amendment of the code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo mutu quash the illegal fine.”

Comments

Post a Comment

Popular posts from this blog

Legendary Nigerian guitarist, Berkley Ike Jones of the defunct BLO is dead

-
Image
Legendary Nigerian guitarist, Berkley Ike Jones of the defunct BLO is dead. Berkeley Ike Jones died weeks to his 72nd birthday. He died last night, June 28, in Asaba where he went for a job. Ike first appeared on the Nigerian music scene in the mid-1960s, as the drummer in the Port Harcourt-based teen pop group The Figures. In 1970, at the end of the Nigerian civil war, he signed on as lead guitarist in the rock n’ soul band The Funkees, where his adventurous guitar lines got him noticed by talent scouts who instantly whisked him off to Lagos and installed him in the high profile rock group The Clusters. The Clusters soon morphed into the Afro Collection under the leadership of Tee Mac Iseli, and then into SALT under Ginger Baker. Eventually the group splintered, giving birth to Nigeria’s first afro-rock power trio BLO–Berkley Ike Jones, Laolu Akins, and Mike Gbenga Odumosu. BLO was the rave in the 70s and early 80s. The group was one of Nigeria’s most res...
Read more

UK to regulate Google and Facebook

-
Image
The U.K. government said Friday, Nov 27, that it plans to create a Digital Markets Unit (DMU) to enforce "a new code to govern the behavior of platforms that currently dominate the market, such as Google and Facebook."   The aim is to protect smaller competitors and give consumers more control over personal data.   Under the new code, some of the world’s biggest tech companies may have to be more transparent about the services they provide and how they use consumers’ data. They may also be forced to give consumers a choice over whether to receive personalized advertising, and they won’t be able to place restrictions on customers that make it difficult for them to use rival platforms.    The DMU, which will be part of the Competition and Markets Authority (CMA), will start work in April 2021.   The government said the DMU may be given the power to suspend, block and reverse decisions made by large tech companies. The DMU could a...
Read more

An 11-year-old boy has maggots coming out of his buttocks

-
Image
Follow An 11-year-old boy has maggots coming  out of his buttocks after he had been  s*xually abused by a male neighbour for  about 3 years. A Nigerian Doctor who took to Twitter to  share the shocking  story  said that on  examination, the boy was found to have  genital warts. The neighbour who allegedly s*xually  assaulted the little boy is on the run after  he realized that the  Police  are now  involved. The doctor, @Doctorr_Bright wrote; I’m just so livid! Today I decided to come  to work to meet yet another heartbreaking  story a man brings an 11yr old boy to the  clinic; he was reluctant to talk saying they  came for examination Oga what’s the...
Read more