Court refuses to vacate judgment barring NBC from enforcing fines on broadcast stations
The Federal High Court in Abuja on Thursday struck out the National Broadcasting Commission (NBC) application for an order setting aside its judgment preventing it from imposing fines on broadcast stations in the country.
In his decision, Justice James Omotosho dismissed all of the NBC’s arguments, calling them “an afterthought.”
Despite being served with the originating procedure and hearing notifications in the case leading to the judgment, Justice Omotosho concluded that the commission neglected to file its defence.
Contrary to the NBC’s claim that it was not served with the court procedures that resulted in the decision, the judge stated that “the court file shows that services were affected on the respondent applicant (NBC) but failed to file and refused to enter appearance.”
He stated that there was an affidavit of facts testified to by the court bailiff, which confirmed that court proceedings were served on the commission multiple times.
“The respondent applicant cannot claim it was not served. The objection is hereby overruled,” he said.