Broadcasting
Court Stops Buhari, NBC from Shutting Down 53 Broadcast Stations
The Federal High Court in Lagos has stopped President Muhammadu Buhari and the National Broadcasting Commission (NBC) from revoking the licenses of 53 broadcast stations in the country, and shutting down the stations for allegedly failing to renew their licenses.
Justice Akintayo Aluko (Court 8) on Monday granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP) and Nigerian Guild of Editors (NGE).
SERAP and NGE had last week filed a lawsuit against Buhari and NBC, asking the court for “a declaration that section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten to revoke the licenses of 53 broadcast stations and to shut down the stations is unconstitutional and unlawful, as it violates freedom of expression.”
In the suit, SERAP and NGE had asked the court for “an order of interim injunction restraining Buhari and NBC, their agents from revoking the licenses of 53 broadcast stations in the country and shutting their down operations, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
The suit is adjourned to 8th September, 2022 for the hearing of the Motion on Notice for interlocutory injunction.
The suit followed the decision by the NBC to revoke the licenses of the 53 broadcast stations and shut down their operations within 24 hours over alleged N2.6 billion debt.
In the suit number FHC/L/CS/1582/2022, SERAP and NGE are asking the court to determine “whether section 10(a) of the Third Schedule to the NBC Act used by NBC to threaten revoke the licenses of 53 broadcast stations and shut them down is not in inconsistent with freedom of expression and access to information.”
SERAP and NGE are also seeking “a declaration that section 10(a) of the National Broadcasting Act used by NBC to unilaterally revoke the licenses of the broadcast stations and shutdown the stations is a violation of the constitutionally and internationally guaranteed right to fair hearing.”
The suit, read in part: “The provisions of the Nigerian Constitution and human rights treaties on freedom of expression indicate that this right can be exercised through any medium.”
“Effectively, these provisions recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.”
“The use of NBC Act and Code in this case would inadmissibly open the door to arbitrariness and would fundamentally restrict the freedom of expression that is an integral part of the public order protected the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”
“The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information – in its individual and collective aspects – in a democratic society.”
“Indeed, the media has the task of distributing all varieties of information and opinion on matters of general interest.”
“The public has a right to receive and assess this information and opinion independently. Therefore, the existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.”
“According to the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights, ‘licensing processes shall seek to promote diversity in broadcasting. Any registration system for the media shall not impose substantive restrictions on the right to freedom of expression.’”
“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would both seriously undermine the rights of millions of Nigerians to express their thoughts, and their right to seek, receive, and impart information and ideas of all kinds, in any medium they choose.”
“Freedom of expression includes the public’s right to receive, and the right of those who express themselves through a medium of communication, to impart the greatest possible diversity of information and ideas.”
“The right to freedom of expression is based on the right to establish or use a media outlet to exercise freedom of expression and on society’s right to have access to a free, independent, and pluralistic media that allows for the most and most diverse information.”
“The media, including the affected 53 broadcast stations, serve to distribute Nigerians’ thoughts and information while at the same time allowing them access to the ideas, information, opinions, and cultural expressions of other individuals.”
“The exercise of the right to freedom of expression through the media is a guarantee that is fundamental for advancing the collective deliberative process on public and democratic issues.”
“Therefore, the strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.”
“The media including the affected 53 broadcast stations play an essential role, as they allow millions of Nigerians to access both the relevant information and a variety of perspectives that are necessary for reaching reasonable and informed conclusions on matters of public interest.”
“The Plaintiffs recognize the mandates of NBC to regulate broadcasting. However, the exercise of such mandates including renewals or revocation of licenses must follow the thresholds and guidelines set by the right to freedom of expression.”
“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.”
“The NBC Act and Broadcasting Code cannot and should not be used in a manner that is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.”
“Broadcasting is a means of exercising freedom of expression. Any restrictions on freedom of expression must meet the requirements of legality, necessity, and proportionality.”
“The regulation of broadcasting must aspire to promote and expand the scope of the right to freedom of expression, not restrict it.”
National Broadcasting Commission (NBC) has officially granted a direct satellite broadcasting (DSB) television licence to Voice of the East Media Limited.
This contained a letter published on the official social media pages of Voice of the East.
Gaius Chibueze, chairman of Eastside Ventures and founder of Voice of the East-Ndi Igbo, stated in a statement via his verified Facebook page that, with the licence, Voice of the East can operate a terrestrial television channel, a digital media broadcasting network, and other services.
He further stated that he founded Voice of the East eight years ago to promote Igbo excellence and defend the interests of Ndi Igbo.
He added that the NBC approval marked a new chapter in their mission to inform, educate, and influence people and society.
“From integrity to innovation, we are committed to delivering content that not only informs and educates but also inspires positive change. Our dedication to diversity and inclusivity drives us to represent and empower voices from all walks of life,” Chibueze said.
Chukwudi Iwuchukwu, media consultant and founder of Visage Media, commented on the development and noted that Voice of the East, from its humble beginning, has grown to be the number one social media platform for Ndi Igbo, where they go for everything Ndi Igbo.
He stated that Gaius Chibueze discovered a market and a niche when many people were not paying attention and built a brand around them.
“Voice of the East will begin operations in December and will be available on DSTV near you,” Iwuchukwu added.
Federal Competition and Consumer Protection Commission (FCCPC) has declined to oppose the preliminary objection of Multichoice Nigeria, Pay-TV operator, which challenged the jurisdiction of a court sitting in Abuja that recently restrained it from increasing the prices of its DStv and GOtv packages.
Nikiomari Abeke, counsel for the FCCPC, told the Competition and Consumer Protection Tribunal (CCPT) on Thursday that he was not opposing the application of Multichoice Nigeria.
Recall that the he tribunal had restrained MultiChoice from increasing its subscription rates pending the hearing and determination of a motion on notice filed by Festus Onifade through Ejiro Awaritoma, his lawyer,.
Onifade, who sued Multichoice Nigeria Ltd, had accused the former of unjustly increasing subscription fees without one month’s notice to customers, seeking interim orders against the Pay TV.
A three-member tribunal, chaired by Saratu Shafii, had ruled in favor of Onifade by restraining Multichoice in the interim, in the suit marked CCPT/OP/2/2024.
The court held that “the 1st Defendant(Multichoice) is hereby restrained, whether by themselves, her privies, assigns by whatsoever name called, from going ahead with impending price increase schedule to take effect from 1st May 2024 pending the hearing and determination of the Motion on Notice already filed before this Honourable Tribunal.”
But M.J. Onibanjo (SAN), Multichoice’s lawyer, filed a preliminary objection urging the court to decline jurisdiction on the suit filed by Festus Onifade because such price dispute case had been decided before in favor of his client.
Onifade also asked the tribunal to direct Multichoice Nigeria Limited to pay the sum of N1 billion or any amount the tribunal deemed fit in this circumstance for “deliberately disobeying, contravening, and failure to comply with the Interim Order of this Honourable Tribunal granted on the 29th April, 2024.”
At the resumed sitting, Onibanjo tendered and adopted the previous judgment of the tribunal in suit no CCPT/OP/1/2022(Exhibit A), alongside his application, saying when a court had determined an issue between the same parties on the same subject matter before, that matter cannot be re-litigated again by any tribunal or court.
“This tribunal cannot sit on appeal on its decision. This tribunal is bound by its own decision in Exhibit A; that it is not the forum where the claimant can come to seek to regulate the prices and services offered by Multichoice,” Onibanjo said, urging the tribunal to strike out the suit.
On his part, Onifade argued that the issue he placed before the court is whether Multichoice Nigeria gave adequate notice in respect of the May 1, 2024 price TV subscription increase, and not price regulation or increase.
“It is our submission that the eight-day notice issued by Multichoice Nigeria is insufficient in law. A monthly subscriber should be given at least a month.
The FCCP counsel, Abeke, said his client “is not in opposition of the first defendant (Multichoice) and to that extent, no process and no counter was filed to the motion of the first defendant.”
After hearing from the parties, the three-man panel chaired by Justice Thomas Okosu adjourned the suit to June 7 for ruling.
Multichoice announced new price adjustments on DStv and GOtv packages on Wednesday, April 24, 2024.
Nigeria’s customer-focused telecommunications company, 9mobile, has unveiled Treelz, an innovative digital entertainment platform for customers on the 9mobile network.
Treelz is a platform designed for customers to experience a world of entertainment through Movies, e-learning, fun videos, gaming, music, sports, photo filters and lots more!
Speaking during the unveiling, the Products and Digital Services Champion at 9mobile, John Muo, stated that, “Treelz is a comprehensive entertainment ecosystem that combines advanced features and seamless connectivity to deliver an unparalleled user experience.
With Treelz, users can enjoy a wide range of exciting and engaging rich media contents, including video games, movie and music hubs, sports and e-learning platforms, which are all accessible through a single, intuitive platform.”
“Treelz is available on the 9mobile website and can be accessed under the “Digital Services” tab on 9mobile.com.ng or by simply clicking the link https://9mobile.com.ng/treelz.
Customers who are not on the 9mobile network but wish to enjoy the thrills of the platform should activate a 9mobile SIM or port their existing line to 9mobile to enjoy the service,” Mou added.
The platform represents the culmination of 9mobile’s commitment to innovation and customer-centricity, offering unparalleled features and capabilities.
Customers can access the rich contents on Treelz for as low as N30 per service via airtime subscription only. The daily or weekly subscription guarantees access to play games, watch movie, and listen to music on the website.
Chineze Amanfo, Public Relations Lead at 9mobile, while expressing her delight at the unveiling said, “The expertise and influence of the media are invaluable in helping 9mobile spread the word about this groundbreaking platform and its transformative impact on communication and entertainment.
Your endorsement and coverage will not only help raise awareness about Treelz by 9mobile but also empower individuals to embrace its unique qualities especially its ability to entertain and educate.”
With Treelz, 9mobile continues to push the boundaries of innovation within the digital interactive space. Experience the power of seamless connectivity, enhanced collaboration, and unmatched convenience with Treelz by 9mobile.
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