The Federal High Court in Abuja on Thursday has denied an application filed by the National Broadcasting Commission, NBC, to vacate an order prohibiting the agency from imposing fines on broadcast stations.
Justice James Omotosho of the Federal High Court had on May 10 ruled in a petition filed by the Incorporated Trustees of Media Rights Agenda that NBC lacked the authority to penalize broadcast stations.
Media Rights Agenda filed the suit after NBC, on March 1, 2019, sanctioned 45 broadcast stations for what it termed as “ethical infractions during the general election”.
However, Justice Omotosho set aside the fines on the grounds that it violated the media houses’ Constitutional right to fair hearing as enshrined under Section 36 of the 1999 Constitution as amended and Article 7 of the African Charter on Human and Peoples Rights Act.
Dissatisfied with the judgment, the NBC counsel, Babatunde Ogala urged the court to set aside its “default judgment” on the grounds that the verdict was “reached without jurisdiction”.
The NBC counsel contended that throughout the proceedings prior to judgment, he was not served with the originating processes in the case.
He maintained that the judgment amounted to an abuse of court process because a similar case had been litigated before another court.
However, in a judgement on Thursday, Justice Omotosho said he has gone through the court’s file and the evidence showed clearly that all the processes in the matter, including hearing notices, was received by the NBC, contrary to its lawyer’s claim of non-service.
“All this fact clearly points to proper and effective service on the respondent who refused to appear or enter appearance on the matter”, Justice Omotosho held.
On the issue of abuse of court process, Omotosho held that the NBC had a duty to inform the court of the existence of another similar suit before another court, but failed to do so.
Subsequently, he ruled that it was futile for NBC to seek to set aside its judgment.
“A party challenging the jurisdiction of the court must do that timeously.
“These are facts the respondent applicant ought to have brought before the court but did not avail itself of this opportunity.
“It is a futile attempt to get the court to set aside this judgment.
“The respondent applicant should bear the consequences of its own indolence.
“In the final analysis, it is an afterthought and belated. The application to set aside the application is hereby refused”, the judge declared.
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