ARISE News analyst, Dayo Sobowale, has criticized the court ruling restricting the National Broadcasting Commission (NBC) from imposing fines on broadcast stations, arguing that effective regulation cannot exist without sanctions for violations.
Speaking in an interview on ARISE News on Friday, Sobowale described the idea of regulating the broadcasting sector without punitive measures as fundamentally flawed.
“It’s not possible. That’s a contradiction in terms,” he said.
He argued that the ruling undermines the core responsibility of regulatory bodies, stressing that enforcement mechanisms are essential to maintaining standards.
“How can you regulate without punishing infringement?… How do you do that without fines?” he queried.
According to him, the decision wrongly assumes that only courts have the authority to impose penalties, a position he insists is inconsistent with global regulatory practices.
“It’s not only the court that has a monopoly on fines. How can a judge say that?” he said.
Sobowale further explained that sanctions in sectors such as banking and customs are routinely imposed by regulatory agencies without requiring judicial intervention.
“There must be penalties for violations, and those are sanctions, and sanctions come in the form of fines or punitive actions,” he added.
He emphasized that broadcasting regulation deals largely with professional and ethical compliance rather than criminal offences, making administrative sanctions both necessary and appropriate.
“Not every matter is a criminal matter; these are professional issues,” he noted.
Addressing concerns about alleged selective enforcement by the NBC, Sobowale dismissed such claims, maintaining that the focus should remain on the legal interpretation of the court ruling.
“You are reading politics into a court judgment. I am trying to analyze the court judgment based on facts,” he said.
On the future of broadcasting regulation, Sobowale warned that the ruling could weaken the commission’s effectiveness if left unchallenged.
“You cannot say they cannot… you cannot castrate them… There must be compliance,” he argued.
He suggested that the NBC may need to challenge the ruling at the Supreme Court, expressing hope that the decision could be overturned.
“The Supreme Court may… reverse that original judgment that it’s only the courts that have the right to give fines in Nigeria,” he said.
Sobowale also pointed to international examples where regulatory bodies impose heavy sanctions on corporations, noting that such measures are critical for accountability.
“In the EU, they fined X 150 million Euros… and they are still fining platforms,” he stated.
He warned that requiring the NBC to seek court approval before every sanction would render the institution ineffective.
“If a judge says… they cannot fine except they go to court every time, that is a contradiction; it is illogical,” he stressed.
As debates continue over the scope of regulatory authority in Nigeria’s broadcasting sector, Sobowale’s position highlights the tension between judicial oversight and administrative enforcement, raising concerns about the future effectiveness of media regulation.
Triumph Ojo
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