Falana.
A Senior Advocate of Nigeria (SAN), Femi Falana has
described the N5m fine on Lagos-based radio station, Nigeria Info
99.3 FM by the National Broadcasting Commission (NBC) as
illegal.
The Human Rights Lawyer said this in a statement he personally
signed and wondered why the NBC will be in a hurry to penalise the
radio station
While noting that the State Security Service (SSS) has not
concluded an investigation into the radio station’s guest, Dr
Mailafia Obadiah, Falana asked why the Commission was in a hurry to
violate the broadcast firm’s fundamental right.
According to him, it is only a competent court of law that has
the right to impose fines on a criminal suspect after conducting a
trial.
“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 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,”
Falana said.
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READ ALSO: Mailafia: NBC Fines Radio Station
N5m For Unprofessional Broadcast
The senior lawyer added that: “Section 33 (4) of the
Constitution provides that anyone charged with a criminal offence
shall be tried before a competent court or tribunal.”
He noted that in the case between the National Oil Spill
Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria
Unlimited at the Federal High Court, Honourable Justice Ojukwu held
that the imposition of fines by regulatory agencies was
unlawful.
The NBC had said the fine was imposed on the media outfit due to
its unprofessional broadcast.
It explained that Nigeria Info was not professional in the
handling of its morning show aired between 8.30 am and 9.00 am on
Monday.
NBC stated that the station provided its platform for its guest
and a former deputy governor of the Central Bank of Nigeria (CBN),
Dr Mailafia Obadiah, to promote “unverifiable and inciting views,”
saying such could lead to public disorder.
Read more https://swordpress.com.ng/2020/08/14/falana-kicks-against-n5m-nbc-fine-says-act-is-illegal/