In its judgment, the court noted that Article 3(1) (1) of the Code is infinite in scope and therefore violates provision of Article 9(1) and (2) of the African Charter on Human and People’s Rights (ACHPR). The court noted that the provisions of Article 3(1) (2) of the Code is too ambiguous and vague and it can “lead to curtailment of the right to freedom of expression” [p.24, para.51]. The court concluded that Articles 3 (1) (1) and 3(1) (2) with their vaguely worded provisions and Articles 15(2) (1) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) that provide for penalties “cannot be seen to have been enacted in the spirit of promotion or protection of the right to freedom of expression, reason being that the sanctions resulting will be arbitrary and the scope will be infinite” [p.24, para.52]
Finally, the court declared that Articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) contravenes Article 9(1 & (2) of the ACHPR.[p.32]. The court also answered in the affirmative and re-emphasizes that the fines imposed under Article 15(5(1) of the Amendments to the NBC (6th Edition), in furtherance of implementation of Articles 3(1)(1), 3(1)(2) of the NBC are in violation of Article 9 of the ACHPR. [p.30., para.64].
The court ordered that the Nigerian government align Articles 3 (1) (1), 3(1) (2), 15(2) (1) of the Nigeria Broadcasting Code (6th Edition) and Article 15 (5) (1) of the Amendments to the Nigeria Broadcasting Code (6th Edition) in line with its obligations under Article 1 of the ACHPR and to cease giving effect to the provisions until it has aligned same as ordered[p.32].
In a bid to ensure compliance with the orders of the court given in the judgment, the court further ordered that the Nigerian government “submit to the court within six (6) months of the date of notification of this judgment, a report on the measures taken to implement the orders set-forth herein” [p.32]. The court also awarded costs against Nigerian government to be calculated by the Chief Registrar of the court.