By Chinenye Festus:-
A lot of controversies have been trailing the 5million fine NBC sanctioned the Lagos Radio station over the interview with the former deputy governor of Central Bank of Nigeria, Obadiah Mailafiya.
One of the people who is speaking against the fine is the Senior Advocate of Nigeria (SAN), Femi Falana. He described the N5m fine on Lagos-based radio station, Nigeria Info 99.3 FM by the National Broadcasting Commission (NBC) as illegal.
The Human Rights Lawyer said this in a statement he personally signed, wondering why the NBC will be in a hurry to penalise the radio station.
According to him, “Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.
“In view of the fact that the imposition of the N5 million fine was anchored on a purported amendment of the Code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo motu quash the illegal fine,” Falana said.
While noting that the State Security Service (SSS) has not concluded an investigation into the radio station’s guest, Dr. Mailafia Obadiah, Falana asked why the Commission was in a hurry to violate the broadcast firm’s fundamental right.
Recall that NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr. Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.
While Falana was quoted saying “Section 33 (4) of the Constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.”
He noted that in the case between the National Oil Spill Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria Unlimited at the Federal High Court, Honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful.