The National Broadcasting Commission (NBC) has applied to the Court of Appeal in Abuja for permission to refile an appeal against a Federal High Court judgment that restrained it from imposing fines on broadcast stations.
The application follows the Court of Appeal’s decision on June 17, 2026, to strike out the commission’s earlier appeal after describing its notice of appeal as “fundamentally defective.”
In a fresh application filed by Senior Advocate of Nigeria (SAN) Dapo Akinosun, the NBC is seeking an extension of time to challenge the judgment delivered by Justice Rita Ofili-Ajumogobia in a suit instituted by the Media Rights Agenda (MRA).
The commission is also asking the appellate court for leave to raise a fresh issue challenging the legal capacity of the MRA to institute and maintain the original suit.
The legal dispute began in 2022 when the NBC imposed ₦5 million fines on MultiChoice Nigeria Limited (DStv), TelCom Satellite Limited (TSTV), Trust-TV Network Limited and NTA Startimes Limited after they aired documentaries on banditry and insecurity in Zamfara State, which the regulator said undermined national security.
However, Justice Ofili-Ajumogobia ruled that the NBC acted unlawfully and unconstitutionally, holding that the commission does not possess the powers of a court of law to impose punitive fines. The court consequently restrained the NBC from sanctioning broadcast stations under the Nigeria Broadcasting Code.
The NBC’s attempt to overturn that ruling suffered a setback on June 17 when a panel of the Court of Appeal led by Justice Jane Inyang struck out the appeal.
The appellate court held that identifying the appellant as the “Nigerian Broadcasting Commission” instead of the “National Broadcasting Commission” constituted a fundamental defect that deprived the court of jurisdiction.
In its latest application, the NBC argued that the error was an inadvertent mistake by its legal counsel and noted that the original appeal had been filed within the prescribed time.
The commission further contended that the matter is of significant public interest, warning that allowing the Federal High Court judgment to stand without challenge could create regulatory uncertainty and undermine its statutory responsibilities.
According to the NBC, the loss of its enforcement powers could weaken compliance with broadcasting regulations and encourage the dissemination of false, unverified or misleading information capable of causing public anxiety and social unrest.
The Court of Appeal has yet to fix a date for the hearing of the application.
The latest filing is the newest development in the NBC’s prolonged legal battle over its sanctioning powers. In April 2026, the Court of Appeal also dismissed a separate appeal by the commission against a 2023 Federal High Court judgment that similarly barred it from imposing fines on broadcasters.
