N5m: Falana Says Only Courts Can Impose Fines After Trial

Human rights lawyer, Femi Falana, SAN, has said that the N5 million fine the National Broadcasting Commission (NBC) imposed on Nigeria Info 99.3 FM, is illegal.

He based his argument on the grounds that only a law court can pronounce penalties after the trial of a suspect.

Falana disclosed this in a statement, according to Channels Television.

He added that the State Security Service (SSS) was still looking into the comments credited to Dr Mailafia Obadiah, on one of the radio station’s programmes, insisting that the action of the NBC constituted a violation of Nigeria Info’s right to keep the public informed.

He also said that NBC should immediately retract the fine.

The bone of contention is Dr. Mailafia’s claim that he had credible information showing that a northern governor was involved in the terrorist activities in parts of the country.

Falana’s statement further reads:

“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 mutu quash the illegal fine.

“Section 33 (4) of the Constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.”