Nigerian Broadcasting Commission (NBC) banned from regulating advertisement in Nigeria.

Written by on May 27, 2022

The Federal High Court sitting in Lagos has ruled that the Nigerian Broadcasting Commission (NBC) cannot regulate the practice of advertising in Nigeria contrary to the provisions of the extant Advertising Practitioners (Regulation) Act of 2004.

The court also declared that the NBC lacks the power to prohibit exclusivity on privately acquired intellectual property rights in programme contents of a right holder as against the important provisions of the constitution and the copyright act.

Justice Ambrose Lewis-Allagoa also set aside the proposed amendment to the 6th Edition of the NBC Code for being ultra vires, incompetent null and void, and permanently restrained the Commission from implementing it.

The court delivered the judgment, in a suit filed by a Lagos based journalist, Mr. Femi Davies, after he had approached the court contending among other things that the amendment sought by the defendant to the 6th edition of the NBC Code is damaging to his rights to own intellectual property in Nigeria over which he can exercise exclusive rights.

Kevin Madu

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