The legal struggle over the rights of Nigeria’s National Broadcasting Commission (NBC) to discipline television and radio stations has taken a new twist, with the broadcast regulator launching another appeal in its quest to reverse court judgements barring it from imposing fines on broadcasters.
The current attempt comes amid a string of judicial defeats for the Commission, including recent rulings of the Court of Appeal confirming that the NBC does not have the legal right to unilaterally impose financial sanctions on broadcast firms without reference to the courts.
The new appeal is based on a January 2024 order of the Federal High Court, which barred the NBC from imposing a fine of ₦5 million issued on some broadcast stations for running documentaries on insecurity and purported breaches of the Nigeria Broadcasting Code. Broadcasters affected by the move include Multichoice Nigeria (owners of DStv), Trust TV, TSTV and NTA StarTimes.
NBC said in court filings that the Federal High Court wrongly limited its statutory powers as the country’s broadcast regulator. The Commission is seeking the appellate court to reverse the judgement and restore its powers to enforce articles of the Nigeria Broadcasting Code including the imposition of punishment where warranted.
But the Commission’s attempts have been consistently blocked by the courts. The Court of Appeal in April 2026 unanimously denied an appeal filed by NBC against a 2023 Federal High Court judgement that permanently prohibited the regulator from imposing sanctions on 45 broadcast stations for suspected breaches of the Nigeria Broadcasting Code. The appellate court agreed with the lower court that only a court of law – not an administrative agency – has the constitutional right to impose punitive fines.
In June, the Court of case dismissed a separate case over sanctions imposed on broadcasters in 2022, dealing another blow to the NBC. After identifying anomalies in the identity of the appellant named in the court documents, the appellate court found the Commission’s notice of appeal “fundamentally defective” and legally incompetent.
The Media Rights Agenda, a civil society organisation that has led several legal challenges against the Commission, has welcomed the earlier rulings, saying that allowing the NBC to investigate, prosecute and punish broadcasters without judicial oversight, violates constitutional guarantees of fair hearing and due process.
The row has become one of the biggest legal tests of media control in Nigeria. Broadcasters and press freedom advocates say the Commission’s fining powers have been used routinely to discourage critical reporting and silence editorial independence. The NBC says sanctions are needed to ensure professional standards, ethical broadcasting and national security.
Legal scholars think the decision of the Commission’s current appeal might have far-reaching repercussions for the future of broadcast regulation in Nigeria. A ruling in favour of the NBC would boost the regulator’s enforcement capabilities, while another loss would further limit the court’s limits on its capacity to issue administrative fines without court approval.
