Broadcasting regulator asks Court of Appeal for extension of time after earlier appeal was struck out over naming error, warns judgment weakens regulatory authority.

The National Broadcasting Commission (NBC) has approached the Court of Appeal in Abuja, seeking permission to file a fresh appeal against a Federal High Court judgment that barred it from imposing fines on broadcasting stations for alleged violations of the Nigeria Broadcasting Code.

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Naija News reports that the application follows the Court of Appeal’s June 17, 2026 decision striking out the commission’s earlier appeal after declaring it fundamentally defective and incompetent. The appellate court held that the appeal was invalid because the commission’s name was incorrectly stated in the court documents.

In a motion filed through its counsel, Dapo Akinosun (SAN), the NBC asked the Court of Appeal to extend the time within which it can challenge the January 10, 2024 judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court. The commission argued that the failure of its earlier appeal resulted from an inadvertent error by its former legal representatives, who described the appellant as the “Nigerian Broadcasting Commission” instead of its legally recognised name, the “National Broadcasting Commission.”

The dispute arose from a lawsuit filed by Media Rights Agenda (MRA) challenging the NBC’s decision to impose ₦5 million fines on four broadcasting organisations over documentaries on banditry and insecurity in Zamfara State. The affected broadcasters were Multichoice Nigeria Limited (owners of DStv), TelCom Satellite Limited, Trust-TV Network Limited, and NTA StarTimes Limited.

According to a statement issued by MRA’s Communications Officer, Idowu Adewale, the commission accused the broadcasters of transmitting content capable of undermining Nigeria’s national security. However, Justice Ofili-Ajumogobia ruled that the NBC acted unlawfully and unconstitutionally by imposing financial penalties, holding that the commission lacked judicial powers to punish broadcasters because it is not a court of law.

Following the judgment, the NBC filed an appeal within the period prescribed by law, but the case was subsequently struck out due to the error in the commission’s statutory name. In its latest application, the regulator maintained that it had instructed its lawyers to appeal immediately after the judgment and that the notice of appeal was filed on March 18, 2024, within the legally permitted timeframe.

The commission argued that the naming error was a procedural mistake that should not prevent the appellate court from determining the substantive issues raised in the case. It urged the court to allow the appeal to proceed in the interest of justice.

NBC Warns Judgment Could Weaken Broadcast Regulation

The NBC argued that the Federal High Court’s decision raises significant constitutional and regulatory questions concerning its statutory powers to supervise the broadcasting industry and enforce compliance with professional standards.

According to the commission, allowing the judgment to stand without appellate review could create uncertainty about the scope of its regulatory authority and undermine its ability to effectively perform its statutory responsibilities.

“The subsisting judgment is capable of creating significant uncertainty regarding the commission’s regulatory powers and its ability to effectively discharge its statutory mandate,” the commission stated.

The regulator further warned that limiting its enforcement powers could encourage broadcasters to disregard established broadcasting standards and weaken compliance across the industry.

It also argued that inadequate regulatory oversight could increase the spread of false, misleading and unverified information capable of causing public panic, anxiety and social unrest, while creating opportunities for irresponsible broadcasting and the dissemination of sensational or inflammatory content across broadcast and digital media platforms.

The NBC maintained that the proposed appeal raises issues that extend beyond the parties directly involved in the suit, noting that the outcome could have far-reaching implications for broadcasters, content producers, media consumers and the overall regulation of Nigeria’s broadcasting industry.

In addition, the commission is seeking the Court of Appeal’s permission to introduce a fresh issue challenging whether Media Rights Agenda had the legal capacity to institute and maintain the original suit before the Federal High Court.

The Court of Appeal is yet to fix a date for hearing the commission’s application.