He noted that despite being served with the originating process and hearing notices in the case leading to the judgment, the commission failed to file its defence. Omotosho also said that contrary to the NBC’s argument that it was not served with court processes that led to the judgement, the court file showed that services were effected on NBC but failed to file and refused to entered appearance.

The Judge also stated that there was also an affidavit of facts deposed to by the court bailiff that confirmed that court processes were served on the commission on different occasions.

Justice Omotosho had in May, given an order of perpetual injunction restraining NBC from imposing fines on broadcast stations. He stated that the NBC Code, which gives the commission the power to impose sanctions, is in conflict with Section 6 of the Constitution which vested judicial power in the court of law.

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