The Lagos Division of the Federal Superior Court has ruled that the National Broadcasting Commission (NBC) acted beyond its powers in trying to regulate the practice of advertising in Nigeria.
Judge Ambrose Lewis-Allagoa held that NBC lacks the power to prohibit the exclusivity of privately held intellectual property rights in the content of a rights holder’s programs.
The judge passed sentence on May 25.
It declared that the proposed amendment to the sixth edition of the NBC code is unconstitutional and restricted the Commission from implementing it.
NBC’s amended code, among other things, prohibited exclusivity of sports rights and raised the fine for hate speech to N5 million.
Despite opposition from various agencies, the Nigerian government insisted that it would go ahead with implementation.
One plaintiff, Femi Davies, challenged the code in lawsuit FHC/L/CS/1152.2020 with NBC as a defendant.
Mr. Davies argued, among other things, that if allowed, the amendment would violate his right to a fair hearing.
He asked the court to uphold his six sentences as stated in his original citation.
The plaintiff’s remedies include a statement that the Commission lacks the power to prohibit the exclusivity of privately held intellectual property rights in a rights holder’s program content, namely, the most salient provisions of the constitution and Copyright Law.
“A statement that the commission acted ultra vires insofar as it sought to regulate the practice of advertising in Nigeria contrary to the provisions of the Advertising Practitioners (Registration etc.) Act 2004.
“A statement that the commission acted ultra vires when it sought to retroactively compel program content rights holders to compulsorily share existing rights acquired under the existing license under the proposed amendment to the 6th Edition of the NBC Code.
“A statement that the commission acted ultra vires when it sought to retroactively compel program content rights holders to compulsorily share existing rights acquired through a partnership and/or joint venture with an investor under the proposed amendment to the NBC Code .
“An order nullifying the NBC Code Amendment and a perpetual injunction restraining NBC from implementing the NBC Code Amendment.
In its judgment, the court granted all of the plaintiff’s remedies.
Mr. Lewis-Allagoa said: “I agree with the statement that the acquisition of exclusive rights to broadcast a particular program is an investment for profit and, under the provisions mentioned above, no one should be forced to hand it over. when legally acquired. .
“I agree with plaintiff’s counsel that said proposed amendment is a violation of the principle of fair hearing and natural justice.
“The proposed amendment purports that the defendant, NBC, will place the ad agency on its blacklist, without any investigation or recourse to the other party, solely based on a media house complaint to the defendant and the defendant who acts has the authority to himself will dictate his verdict without hearing the other parties.
“I have resolved the issues in the original citation in favor of the plaintiff.
“For the reasons stated above, accordingly, all of the relief requested by the plaintiff is granted as requested. That is the judgment of the court.”
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