The Nationwide Broadcasting Fee, NBC, has filed an attraction in opposition to the ruling of the Federal Excessive Court docket which dismissed the fee’s movement to put aside a judgment restraining it from imposing fines on radio and tv stations.
NBC’s lead counsel, MR. Babajide Koku, SAN, filed a four-ground discover of attraction complaining in regards to the determination of the decrease courtroom whereas asking the appellate courtroom to put aside the sooner judgment.
Following the NBC’s imposition of N500,000 high-quality every on 45 broadcast stations for alleged contraventions of the Nigeria Broadcasting Code in 2019, an Abuja-based lawyer, Mr. Noah Ajare, filed a swimsuit on behalf of Media Rights Agenda. He challenged the powers of the NBC to high-quality broadcasters.
Giving his ruling, Justice James Omotosho, held that solely courts of legislation are empowered to impose sanctions for prison offences.
Justice Omotosho famous that “The NBC was neither a courtroom nor a judicial tribunal to make pronouncements on the guilt of broadcast stations however the NBC Code, thereby violating the structure.”
The NBC argued in its first floor of attraction, that Justice Omotosho erred in legislation when he refused to put aside a judgment, which it alleged, was demonstrated earlier than him to have been deceitfully obtained on the bottom that the fee was indolent and must have raised the objection within the substantive swimsuit timeously.
It stated the legislation confers on a courtroom the inherent energy to overview and put aside its earlier judgement on grounds of fraud and deceit if these grounds are subsequently dropped at its information and demonstrated to exist.
The second floor of attraction is that the choose erred in legislation when he held that he wouldn’t put aside his earlier judgment as a result of “res judicata” was not a floor for setting apart a default judgment
The third floor for attraction is that the choose erred in legislation when he held that “within the remaining evaluation, the appliance by the respondent/applicant has no substance for being an afterthought and never a belated try at difficult the jurisdiction of the courtroom.”
Within the NBC’s fourth floor of attraction, the fee stated the choose erred in legislation when he discovered that “A celebration who’s sufferer of a default judgment fraudulently obtained wouldn’t be entitled to the indulgence of a courtroom of legislation if it applies to put aside the judgment belatedly with out having taken the chance of showing to boost these points in its defence to the substantive declare.”
The NBC argued that the legislation and the foundations of the Federal Excessive Court docket allow a celebration in opposition to whom a default judgment was obtained to subsequently apply to have such a judgment put aside on acknowledged grounds.
