Nigerian Lawyer and Human Rights activist, Femi Falana (SAN) has described the N5m fine on Lagos-based radio station, Nigeria Info 99.3 FM by the National Broadcasting Commission (NBC) as illegal.

The Senior Advocate of Nigeria made the remark in a statement he signed, saying the NBC was overactive to have penalized the radio station.

Recall that Obadiah Mailafia, during the radio interview, on Monday, August 9, 2020, alleged that a Governor from the North was a commander and sponsor of Boko Haram.

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The DSS then invited the former Deputy Governor of the Central Bank of Nigeria (CBN) for interrogating on his allegations against the Government and was released six hours after, Eons Intelligence reports.

While noting that the Department of State Service (DSS) has not concluded an investigation into the radio station’s guest, Mailafia Obadiah, Falana asked why the Commission was in a hurry to violate the broadcast firm’s fundamental right.

According to him, it is only a competent court of law that has the right to impose fines on a criminal suspect after conducting a trial.

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“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,” Falana said.

The senior lawyer added that: “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.

The NBC had said the fine was imposed on the media outfit due to its unprofessional broadcast.

It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30 am and 9.00 am on Monday.

“The station provided its platform for the guest, Dr. Mailafia Obadiah, to promote unverifiable and inciting views that could encourage or incite crime and lead to public disorder.

“Dr. Mailafia Obadia’s comments on the “Southern Kaduna Crisis”, were devoid of facts and by broadcasting same to the public, Nigeria Info 99.3FM, is in violation of the following sections of the Nigeria Broadcasting Code,” NBC said.