The National Broadcasting Commission (NBC) has filed an appeal at the Court of Appeal in Abuja, asking the Appeal Court to set aside the ruling by Justice James Omotosho of the Federal High Court in Abuja.
The lower court had dismissed the commission’s motion to set aside his judgment delivered on May 10, 2023, restraining the NBC from further imposing fines on radio and televisions stations and granting the Commission’s application.
The Notice of Appeal was filed on its behalf by Mr. Babajide Koku (SAN), leading Mr. Victor Ogude (SAN), Mr. Kehinde Wilkey, and Ms Aanuoluwapo Babalola.
This was contained in a release made available to Blueprint in Abuja on Thursday by the Communications Officer, Media Rights Agenda, Idowu Adewale.
The NBC in its 4-ground notice of appeal said Justice Omotosho erred in Law when he refused to set aside the judgment, which the NBC alleged, was demonstrated before him to have been deceitfully obtained on the ground that the NBC was indolent and ought to have raised the objection in the substantive suit timeously.
The NBC in the appeal argued further that the law confers on a court the inherent power to review and set aside its earlier judgment on grounds of fraud and deceit if those grounds are subsequently brought to its knowledge and demonstrated to exist and alleged that by failing to set aside its earlier judgment in the face of evidence of fraud, the court perm of the fraud practised on the court.
The second ground of appeal is that the judge erred in law when he held that he would not set aside his earlier judgment because “res judicata” was not a ground for settling aside a default judgment, among other grounds of appeals.
