The Director, Legal Department, Federal Ministry of Information and Culture, Mr. Nelson Orji, has said that the judgment of the Federal High Court, Abuja, which stopped the Nigerian Broadcasting Corporation (NBC) from imposing fines on erring broadcast stations “is ill-conceived and dead on arrival because of legal encumbrances”.

A Federal High Court sitting in Abuja had earlier given a contrary decision that NBC had the power to impose sanctions on erring stations.

He said Justice N. E. Maha in April 2022 had ruled in a case brought against NBC by seven organisations led by the Socio-Economic Rights and Accountability Project.

In a Certified True Copy of the judgment, Justice Maha had interpreted the provision of Section 2(1)(n) of the NBC Act, 1992.

The provision states, “The Commission shall have the responsibility of determining and applying sanctions including revocation of licences of defaulting stations which do not operate in accordance with the broadcast code and in public interest.”

Relying on the provision, Justice Maha held, “The law is settled that a regulator imposing fines under its enabling law in the discharge of its functions could not have acted unconstitutionally.

“In Moses Ediru v Federal Road Safety Commission and 20 others (supra) the court held that the FRSC Act gives the Commission the right to impose and enforce sanctions and such right does not derogate from the judicial powers of the court as provided in the constitution.

“In essence, there is no confluence point where the powers of FRSC and that of the court meet.

“In that Moses Ediru case, the court further observed that FRSC and the court are mutually exclusive such that the FRSC powers of enforcement of sanctions is not a usurpation of the judicial powers of the court.”

Speaking on the two cases, Orji said there existed conflicting decisions of the same court of coordinate jurisdiction on the same issue of whether NBC can impose sanctions.

He said by the convention of the law, “where there is conflicting decision of courts of coordinate jurisdiction a party can choose which of them to obey and it will not be held in contempt of any court.

“It is worthy of note that the judgment of Justice Maha is first in time and still subsisting as it has not been set aside by any appellate court.

“In this light, NBC is still well within its right to continue to impose sanctions on broadcast organisations which run fowl of the NBC code.”

Orji further said the case against the 45 erring stations were strict liability offences and they had all complied by paying their fines.

He contended that if the judgment was allowed to stand it would mean that government agencies such as the NBC, FRSC, and Quarantine Services, would be rendered redundant.

Recall that the Incorporated Trustees of Media Rights Agenda had approached Justice James Omotosho of the Federal High Court, Abuja, who held that the NBC lacked the power to impose fines on broadcast stations.

The judge voided the ₦500,000 fine imposed on 45 broadcast stations on March 1, 2023 on the ground that NBC, not being a court of law, lacked power to impose sanctions.

According to the court, the NBC Code, which vested the Commission with the power to impose sanctions, was in conflict with Section 6(6) of the 1999 Constitution as amended, which vested such judicial powers on the court of law.

Justice Omotosho said the court would not sit idle and watch a non-juristic body arbitrarily impose fines without recourse to the due process of law.

Meanwhile, the NBC has said it would appeal the judgment.

*2,246 stranded Nigerians evacuated to the country

The National Emergency Management Agency (NEMA) has dispatched assorted food items to the Nigerian Embassy in Sudan to cater for stranded Nigerians waiting to be evacuated to Nigeria from Sudan.

This is contained in a statement signed by the spokesperson of the agency, Mr Manzo Ezikiel in Abuja.

Mustapha Ahmed, the Director-General of the agency, explained that the food items are meant to cater for the Nigerian citizens who are awaiting evacuation.

The items consist of 100 bags of rice, 50 bags of beans, 10 cartons of seasoning, 50 cartons of spaghetti and 5 bags of iodized salt.

He said that the items had since been transported to Port Sudan via a TARCO aircraft which brought 123 stranded Nigerians to Abuja at about 12:25 p.m.

This brings a total number of 2,246 stranded Nigerians evacuated to the country from the war-ravaged country.

According to him, the evacuation exercise is still in progress as efforts are being made to engage more Nigerian airlines to strengthen the process of transporting more Nigerians willing to come back home.

The Kaduna State Universal Basic Education Board (Kaduna SUBEB) has begun a campaign to enrol 145,553 out-of-school children in schools, under the World Bank-supported Better Education Service Delivery for All (BESDA) programme.

Mrs Esther Jibji, the Board’s Desk Officer Area I Lead, BESDA, made this known at the opening of a one-day stakeholders’ sensitisation on enrolment of out-of-school children in Kaduna.

Jibji explained that BESDA, which began in the state in 2019 was specifically designed to address the menace of out-of-school children.

She said that the board has enrolled over 500,000 out-of-school children in school in the first phase of the programme, of which 312,785 children have been verified by the National Population Commission.

She added that the state has secured additional grants to return more out-of-school children to school, stressing the need for the stakeholders’ sensitisation.

“This is why we organised the sensitisation to solicit the support of parents and caregivers, religious and community leaders to ensure that every school age child is enrol in school.

“As you may have noticed, despite Kaduna SUBEB efforts to enrol all children in school, some children are still roaming the streets during school hours.

“Education for all is the responsibility of all. We need the support of all stakeholders to ensure that no child is left behind,” she said.

The desk officer identified some of the out-of-school children as children roaming the streets, children from poor and vulnerable households, children with disabilities, girl child, and nomadic children among others.

She said that some of the children could be found on the streets, motor packs, farms, while others were hidden in their houses due to their disability.

She also said that Kaduna SUBEB has established non-formal learning centres in some parts of the state.

According to her, the measure is part of efforts to take learning opportunities to the doorsteps of children who could not attend formal schools.

In her remarks, Hajiya Farida Ibrahim, Education Secretary Kaduna North Local Government Education Authority, described the BESDA programme as “crucial” to addressing the problem of out-of-school children in the state.

Ibrahim urged parents and caregivers to enrol their children in school to acquire quality education needed to live a quality life and contribute to social development.

Also, Kabiru Lawal, acting Director, Social Mobilisation, Kaduna SUBEB, urged religious leaders to sensitise their followers during sermons in Churches and Mosques.

Lawal said that primary one to three pupils were being supported with learning materials including uniforms under the programme.

Also, Malam Salisu Lawal, Director, Planning and Physical Development, Ministry for Education pointed out that the government needs the support of community stakeholders to succeed.

Lawal urged community members and other stakeholders to contribute their quota in the efforts to take children off the streets to schools where they can learn.

Malam Usman Sani, Chairman, School-Based Management Committee (SBMC), Kaduna South Local Government Area, said that the SBMC would work with community leaders to identify and enrol out-of-school children in school.

The News Agency of Nigeria (NAN) reports that BESDA, a Programme for Result (P for R) was initiated by the Universal Basic Education Commission (UBEC) with support from the Federal Ministry of Education.

The programme began in 2019, with a 611 million-dollar loan from the World Bank, which the Federal Government gave 17 participating states as grant.

The hearing in the suit filed by the Indigenous People of Biafra (IPOB) for the release of their leader, Nnamdi Kanu suffered a setback as the Supreme Court adjourned to the case to September 14.

The leader of the proscribed separatist is at the Apex Court challenging the verdict of the Appellate Court which stopped his release.

A statement signed by his counsel, Ifeanyi Ejiofor,  said, “We have appealed to the Supreme Court, to set aside the ruling of the Court of Appeal, staying the execution of the court’s judgment discharging him, and placing a further bar to any further detention and prosecution of Nnamdi Kanu on any charge/indictment before any court in Nigeria.

“Recall that on October 28, 2022, a three-person panel of Learned Justices of the Court of Appeal (Abuja Judicial Division), granted an application for the stay of execution of the judgment of the Court of Appeal, pending the determination of the appeal filed before the Supreme Court by the Federal Government.

“After a thorough review of the said ruling by our defense team, eminently led by foremost leading Senior Advocate of Nigeria, Chief Mike Ozekhome (SAN), an informed decision was taken by the erudite Senior Advocate, and the entire team, that the said ruling, which has no foundation in law or facts, placed before the court, should be immediately appealed against, for it to be set aside by the Apex Court.

Our well-informed position was given a final nod by our indefatigable client, Nnamdi Kanu, during my last visit to him.

“We therefore, by this medium, inform the general public, and Umuchineke in particular, that we have filed an appeal against the said ruling of the Court of Appeal delivered on October 28, 2022, and will proactively follow up on the administrative process to ensure that both appeals are given accelerated hearings in line with the extant fast-track rules of the Supreme Court.

The Presidential candidate of Peoples Democratic Party (PDP), Alhaji Atiku Abubakar arrived the Presidential Election Petition Court Thursday (today), where he is challenging the outcome of the 2023 presidential election.

In his company are Liyel Imoke, the former governor of Cross River State, Babangida Aliyu, former governor of Niger State and Uche Secondus, former National Chairman of the PDP.

In today’s proceedings, the court is expected to hear Atiku’s application, pushing for live broadcast of the day to day proceedings regarding his petition.

Specifically, they are praying the court for “An order directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom.”

The application filed on their behalf by their team of lawyers led by Chief Chris Uche, SAN, is predicated amongst other grounds that: The matter before the Honourable Court is a dispute over the outcome of the Presidential Election held on 25th February 2023, a matter of national concern and public interest, involving citizens and voters in the 36 States of the Federation and the Federal Capital Territory, Abuja, who voted and participated in the said election; and the International Community as regards the workings of Nigeria’s Electoral Process”.

According to Atiku, “being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive.”

The Labour Party presidential candidate, Mr. Peter Obi has said he is supporting the call for a live broadcast of the proceeding made by the Atiku Abubakar of the Peoples Democratic Party (PDP).

Speaking shortly after proceedings on Wednesday, counsel to Mr. Obi, Levy Uzoukwu (SAN) said that for the interest of the general public, he is supporting a live broadcast proposal as the courtroom is not big enough to accommodate people.

However, at the resumed proceedings earlier, the senior lawyer informed the court that the parties unanimously agreed and sought the leave of the court for an adjournment by one week (May 17).

“My lords, we agreed that it will be better if the matter is adjourned to Wednesday, next week to enable parties file and serve processes, so when we come back, we will be sure the processes are ripe for hearing.

“We also agreed that before then, we would have agreed on documents to be tendered without being objected to and without being controversial,” he prayed.

Reacting, counsel to the respondents, respectively confirmed what the petitioner said. The respondents, through their various counsels pleaded with the panel that with the timeframe their documents will be ready for adoption.

The Counsel submitted that the procedure proposed which is subject to the panel’s approval, will hasten the proceeding.

On the bench ruling, the Chairman of the panel, Justice Haruna Tsamani, on the instance of the all the parties, adjourned the matter till May 17, to enable them streamline and bring up issues for determination.

Obi and his party are challenging the declaration of Bola Tinubu of the All Progressives Congress as winner of the presidential election that was held on February 25.

He wants the court to withdraw the Certificate of Return that was issued to Tinubu. 

Also, Obi maintains that Tinubu was not even qualified to contest the election in view of his previous indictment and forfeiture of funds in a drug related case in the United States of America.

In his prayers, he equally posited that Tinubu was not duly elected with the majority of valid votes cast at the election, insisting that he failed to win the Federal Capital Territory (FCT) as required by the Constitution.