News

Court Declines MultiChoice’s Plea To Stop NBC From Auditing Company’s Account

Published

1 year ago

May 24, 2024

A Federal High Court in Abuja on Friday, refused to grant an application filed by MultiChoice Nigeria Ltd, seeking an interim order restraining the National Broadcasting Commission (NBC) from requesting any financial, accounting, or tax documents from them.

Justice James Omotosho, in a ruling on the ex-parte motion moved by the applicant’s counsel, Moyosore Onigbanjo, SAN, rather directed all parties, in the interest of justice, not to take any step that could make the outcome of the suit nugatory.

Although the ruling was delivered on Wednesday, its certified true copy was sighted on Friday.

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“The ex-parte order for Interim Injunction dated 8th day of May 2024 and filed 16th day of May, 2024 is hereby refused,” he declared.

Justice Omotosho then adjourned the matter until May 30 for a hearing of the motion on notice.

The News Agency of Nigeria reports that MultiChoice Nigeria Limited and Details Nigeria Limited, a provider of the subscription-based digital terrestrial television service, known as GOtv, are 1st and 2nd applicants.

In the ex-parte motion marked: FHC/ABJ/CS/652/2024 dated May 8 and filed May 16 by their lawyer, they sued NBC as sole respondent.

The applicants sought three reliefs, including an order of interim injunction, restraining NBC from carrying out any investigations of the companies for the purposes of determining their annual income or NBC levy for the years between 2014 and 2024 pending the hearing and determination of the motion on notice.

They sought an order of interim injunction restraining the NBC from requesting, demanding and or receiving any financial, accounting or tax documents from the companies other than the annual audited accounts of the companies already submitted to the commission.

They said this was in pursuant to Section 2 (10) (b) of the NBC Code 6th Edition for the purposes of determining her remittance of NBC levy for the 2014 to 2024 years of account pending the hearing and determination of the motion on notice.

They equally prayed an order of interim injunction restraining the commission from sanctioning, fining or suspending the companies’ license pursuant to the threats contained in its letter dated April 29 to them, pending the hearing and determination of the motion on notice.

In the affidavit deposed to by the companies’ Head of Compliance, Gozie Onumonu, he averred that the firms were mandated under the various NBC Codes to pay a certain percentage of their income as annual NBC levy to the respondent.

He said that the current code; NBC Code 6th Edition, provides for 2.5% of the income of a broadcaster to be paid to the respondent yearly as annual NBC levy while the erstwhile code which was amended in 2019 provides for 1.5% of the income of a broadcaster to be paid to the defendant yearly as annual levy.

He claimed that the companies had never defaulted in paying their annual levy to the commission.

“Income as provided by the NBC Code 6th Edition is not defined neither is it defined in any other previous editions nor in the NBC Act 2004.

“As a result of the lack of definition of what an income is, there was a dispute between the applicants and the respondent in the year 2014 whether income should be turnover or revenue minus cost of production.

“After due negotiations, meetings, etc., between the applicants and the respondent, it was agreed by the applicants and respondent that income should be revenue minus cost of production.

“In the year 2014, when the applicants subtracted the cost of production from their revenue in order to arrive at the then 1.5 per cent required of the applicants under the NBC Code 5th Edition, what was left for the applicants to pay to the defendant in compliance with the 1.5% requirement of the NBC Code 5th Edition was negligible.

“The amount the respondent would have been entitled to, from the applicants as annual NBC levy between 2014 to 2019 if the applicants were to strictly pay the 1.5% annual NBC levy provided by the 5th Edition of the Code was small and the respondent might not be able to carry out its administrative functions in view of its financial needs.

“Specifically, in the year 2014 and 2015, the amount that would have been due to the defendant as 1.5% of the annual income of the 1st applicant was N2.1 million (N2,167,254)

“As a result, the respondent beseeched the applicants to consent to the payment of a fixed sum of N500 million (N500,000,000) as annual levy for the applicants’ licence period of 2014 to 2019 the sum of which was far more than what the plaintiffs were supposed to be paying to the respondent if the applicants were to pay only the 1.5 per cent of their annual income as provided by the NBC Code.

“For the years 2014 to 2019 that the respondent wants to carry out the investigation to verify whether the applicants paid up to 2.5% of their annual incomes as annual NBC levy, the operational NBC Code then was the NBC Code, 5th Edition and it requires broadcaster to pay 1.5% of their annual incomes as annual levy,” he said.

Onumonu, who said the companies had already submitted a certified true copy of their audited account for the previous year(s) to NBC, said the commission was paid over N12 billion (N12, 490, 000, 0000) as annual levy from 2014 to date.

The officer described NBC’s action as an abuse of power, urging the court to grant their plea in the interest of justice.
VANGUARD

News

Cherryland, Unifield, Divine Pattern Schools Shine At ITV 2025 Quiz, Debate And Essay Competition

Published

8 hours ago

July 5, 2025

Editor

Winners in the various categories.

By Joseph Ebi Kanjo, Benin

Cherryland Royal School, Divine Pattern Schools, and Unifield International School, on Friday, 4th July, 2025 won the Independent Radio and Television 2025 Interschool Quiz, Debate and Essay Competition in their respective categories.

The Essay Competition, with the topic: ‘There has Been a Growing Incidence of Gambling Amongst Youth in Your Country. Write an Article Suitable for Publication in a National Newspaper Stating Three Probable Causes, and Suggesting how this Problem can be Cured,’ was won by Oghogho Triumph of Divine Pattern Schools, while Eczema Praise of Cherryland Royal School emerged winner in the debate category with the topic: ‘The Youths of Today Are More Interested in the Pursuit of Pleasure than in Academic Work.’

The quiz, which was competed by primary pupils from various schools was won by Victory Ighotomare of
Unifield International High School.

Winners in the various categories in group photograph with the management of ITV/Radio

Earlier, in his opening remarks, Chairman of the occasion and Deputy Chief of Staff to Edo State Government (office of the deputy governor), Hon. Pius Alile, while recalling his primary school days, pledged scholarship to university level for winners in the various categories.

Alile urged the students and pupils to desist from social vices and face their studies, stressing that it’s through education that they can actualise their dreams in life.

In his short remarks, Managing Director, ITV/Radio, Engr. Elvis Obaseki, urged the students and pupils present at the event to face their studies, and above all be disciplined and well behaved.

He stressed that no matter how a student may be brilliant in life, such a student needs discipline to navigate through the journey of life, adding “no matter how intelligent you are, you must be well behaved and disciplined. This will take you far in life.”

The MD, who told the students and pupils that they cannot all be winners at the same time, said being present at the event, they are expected to take one or two lessons back home from the event.

Engr. Obaseki, who said “it’s not too good that none of our public schools are here,” promised, “next year, we will make everything humanly possible to bring our public schools so that the competition will be more interesting and fierce.”

Also speaking, Chairman, organising committee of the event, Dr. Sunny Duke, while expressing joy at the large turnout of schools in this year’s competition, thanked the management and staff of ITV/Radio for their support, and in particular the Esama of Benin Kingdom, Chief Gabriel Igbinedion for creating the platform (ITV/Radio) through which young ones can actualise their dreams.

He also thanked the chairman of the occasion, Hon. Alile for offering the winners in the various categories scholarship, stressing that it has been his prayer and wish.

“Where I am today is because of the scholarship I won in JSS 2 back then. And today, that ambition and dream has been fulfilled with the scholarship for the winners of the quiz, debate and essay competition by Hon. Pius Alile, I’m overwhelmed,” Duke said.

The event was spiced up with dance competition amongst students and pupils, and on the other hand amongst teachers, and other side attractions.

News

Ex-gov Ohakim, IGP, Others Win Fundamental Rights Suit

Published

10 hours ago

July 4, 2025

Editor

In a judgment certified on 26th June 2025 and obtained by this reporter,

Hon. Justice Binta Mohammed of the High Court of the Federal Capital has dismissed a fundamental rights suit filed by one Lady Chinyere Lilian Amuchinwa on 4th May 2022 against six parties, including a former Governor of Imo State, Chief Ikedi Alaikum; and the Inspector-General of Police.

The judgment was certified on 26th June 2025 and obtained by newsmen

The suit stemmed from Lady Amechinwa’s claims that Dr Ikedi Ohakim and another party instigated the police to detain her at the Force Headquarters in Abuja in July 2021 over what was not stated in the suit.

Her claim is not unconnected with some unsubstantiated allegations she had earlier levelled against Ohakim , and for which the former Governor was exonerated.

The defendants, had in their replies, said the suit was devoid of cause of action and an abuse of the process of the court, “the suit having been filed after other similar suits were being pursued elsewhere by Lady Amuchinwa against Dr Ohakim.”

They cited the other suits as a fundamental rights suit in Imo High Court Owerri; an appeal at Owerri Division of court of appeal court; and charges filed at Federal High Court, Abuja, all of which the court noted were either dismissed or struck out against Lady Amuchinwa.

Delivering judgment on the suit Justice Mohammed held that: “From the unchallenged and uncontroverted evidence in this suit, it is established that the Applicant/Respondent, has commenced a multiplicity of action involving the same set of fact and the same persons therefore constituting an abuse of the judicial process. Therefore this issue is resolved in favour of the 1st 3rd and 4th Applicant/respondent as well as the 5th Respondents/Applicants.”

“In conclusion the preliminary objection of the 1st 3rd 4th and 5th Respondents/Applicant succeeded accordingly, the suit filed by the Applicant/Respondent for Enforcement of Fundamental Right on 4/5/22 is hereby dismissed.

“The Applicant has failed to establish a cause of action against the 6th Respondent as nothing remotely connects him to the suit of the Applicant, his name is accordingly struck out from the suit.

“There will be no need to consider and determine the Applicant suit the preliminary objections to the suit having succeeded and the suit dismissed”, the Court ordered.

News

Constitution Amendment: South-East Demands Rotational Presidency, Legislative Seats For Women

Published

10 hours ago

July 4, 2025

Editor

The people of the South-East have demanded a constitution that allows for the rotation of the presidency and grants full autonomy to Local Governments in the country.

They requested the South-East Zonal Public Hearing on Review of the 1999 Constitution, organised by the Senate on Friday in Enugu.

Speaking during the exercise, Governor Peter Mbah of Enugu State noted that the concept of a rotational presidency was paramount to the Southeast.

The governor said the state believed that adopting a rotational presidency among the six geopolitical zones, this would provide every region, including the Southeast, a fair chance at the nation’s highest office.

\Mbah, represented by the Secretary to the Enugu State Government, Prof. Chidiebere Onyia, added that the idea would foster a greater sense of belonging and national unity.

Similarly, the governorship should rotate among senatorial zones, and legislative seats should be allocated among constituencies, ensuring broader representation and participation at all levels of governance.

“To further enhance inclusivity, particularly for women, we propose legislative seats. We advocate for one additional Senate seat per state for women and two additional House of Representatives seats per state.

“As a state, we advocate for three additional assembly seats per state for women.

“This measure will significantly boost gender parity and ensure active participation of women in governance and in decision-making processes,” Mbah said.

The governor also called for the institutionalisation of Local Government Councils as a truly autonomous form of government team.

According to him, the current practice where state governors meant for local governments and appoint caretaker committees instead of elected representatives and hinder grassroots development.

“We urge the committee to reinforce section1999 constitution to ensure the democratic existence of local governments, allowing them to directly access their funds from the national consolidated account,” Mbah said.

The governor equally called for legislative powers, enhancements, and fiscal reforms that would devolve more powers and resources to the states.

He stressed that the current concentration of power at the centre, a legacy of the military rule, had stifled the growth and development of sub-national entities.

“A true federal system requires that states are autonomous entities with sufficient powers and resources to positively impact the lives of their citizens,” he concluded.

On his part, Governor Francis Nwifuru of Ebonyi State called for the creation of an additional state in the Southeast to bring them on par with other geopolitical zones of the country.

Nwifuru, represented by the Speaker, Ebonyi State House of Assembly, Mr Moses Odunwa, also called a for women’s inclusiveness and reserved political seats for women.

“If a particular seat has been designated for women, all the parties will feature women candidates to fill in the space,” he said.

The public hearing was attended by government officials, traditional rulers, NGOs, and civil society organisations.
(VANGUARD)