News

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

Published

3 weeks 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.

People Talk: On sale of new Naira notes at Nigerian parties0:00 / 1:00
“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

Again, Clark Writes Tinubu, Demands Nnamdi Kanu’s Release

Published

46 seconds ago

June 16, 2024

Editor

The leader of the Ijaw nation, Edwin Clark, has called on President Bola Tinubu, to direct the Attorney General of the Federation, Lateef Fagbemi, to file a nolle prosequi for the release of the leader of the Independent People of Biafra, Nnamdi Kanu.

Clark urged Tinubu to ask the Attorney General of the Federation to file a nolle prosequi to release the detained IPOB leader, noting that his (Kanu’s) freedom on political grounds was long overdue.

This was contained in a second letter to the President on Sunday, following a first in which the elder statesman urged the President not to tow the path of his predecessor, President Muhammadu Buhari, who marginalised and subjugated the Igbos, by exempting them from certain appointments.

“The release of Nnamdi Kanu by Mr President on political grounds is overdue as earlier explained. Mr President should direct the Attorney General to enter a nolle prosequi to free Nnamdi Kanu who has shown his intention to work with the Federal Government, to bring peace and stability in the South-East and to Nigerians as a whole, as it has been recently done in similar cases of treasonable felony as in the case of Miyetti Allah president, Abdullahi Bello Bodejo of Nasarawa state.”, he said.

The PUNCH however reports that Kanu was denied bail in April by Justice Binta Nyako of the Federal High Court sitting in Abuja, who granted an accelerated hearing instead. https://punchng.com/breaking-court-denies-nnamdi-kanu-bail/

In his letter, Clark said the move would complete the reconciliation of Nigeria and end the sit-at-home order in the Southeast.

He said the IPOB had “fashioned a place for itself” in the hearts and minds of young people, because of the short-changing of Igbos from the South East over the years while urging the use of the “carrot and stick approach”, rather than military force, in addressing the agitations in the region.

“Apart from demanding the restructuring of Nigeria, the political freedom of Nnamdi Kanu will no doubt complete the reconciliation of Nigeria and bring an end to the needless Monday sit-at-home order, which has disturbed businesses and civil activities in the South-East.

“The short-changing of the Igbos of the South East over the years is the reason why IPOB has fashioned a place for itself in the hearts and minds of the young people in the Southeast with its demand for self-determination. I have physically seen these IPOB boys in action, at the Ekwueme Square in Awka, Anambra State, when I attended a meeting of the Southern and Middle Belt Leaders Forum there.

“None of these youths witnessed the civil war and are, definitely, not abreast with the history of the war and its full ramifications. I advise, therefore, that rather than the use of military force which has already proved counter-productive, they should be carefully treated with the “carrot and stick approach”, in the interest of the peace, stability, and progress of Nigeria as a whole and the Southeast zone in particular.”

Clark further emphasised the importance of reintegrating the Igbos into the mainstream of Nigeria, in which their region would be equal with other regions in the country, noting that anything short of that would not be in the interest of the country.

“Let me re-emphasize the importance and urgency of reintegrating the Igbos into the mainstream of Nigeria where their region will be equal with other regions in all ramifications, meaning that they should be fully and unconditionally united or be admitted into the Union of Nigeria as it was before the civil war.

“Anything short of that is not in the interest of a united Nigeria and there may be no end to the insecurity in Nigeria.”

He also called for the restructuring of Nigeria, of which he said the President had also been a principal advocate before becoming Senator and the Governor of Lagos state, adding that restructuring the country “will be one of your most enduring legacies when you leave office”.

“Mr President you have always been the principal advocate of restructuring even before you became Senator of the Federal Republic of Nigeria and Governor of Lagos State.

“During your time, you passionately advocated for a Sovereign National Conference, which was even more inclusive than the current restructuring we are demanding, in Nigeria. Undoubtedly, this pursuit of restructuring will be one of your most enduring legacies when you leave office,” he added.

News

Published

13 hours ago

June 16, 2024

Editor

Two men, Ugwu Chijioke and Ibrahim Adekunle, have been sentenced to 46 years in prison for impersonating operatives of the Economic and Financial Crimes Commission and executing a fake court order.

According to a statement on X.com on Sunday, the duo were arrested in May 2021 at New Horizon Estate, Lekki, Lagos, following credible intelligence received by the commission.

At the time of their arrest, they were caught in the act of carrying out an illegal operation.

Items recovered from them at the point of arrest included fake EFCC identity cards, jackets, and a court order allegedly from Mushin Magistrate Court.

They were subsequently arraigned on October 12, 2021, by the Lagos Zonal Command of the EFCC on on a five-count charge, amended to include impersonation, attempted property fraud, possession of false documents, and unlawful wear of the EFCC uniform.

The suspects were arraigned before Justice O.O. Abike-Fadipe of the Special Offences Court in Ikeja, where they pleaded guilty to the charges.

After their guilty pleas, prosecution counsel, Abdulhamid Tukur, presented a review of the case facts, demonstrating their guilt.

Tukur then requested the court to deliver a guilty verdict and impose the corresponding sentences.

Justice Abike-Fadipe found them guilty as charged on counts one, two, three, four and five.

The defendants, who were given an opportunity to address the court, pleaded for mercy.

Delivering judgment, Justice Abike-Fadipe sentenced the defendants each to seven years on counts one to three each, one year on count four and eight months on count five.

The sentences are to run concurrently.

One of the counts reads: “ That you, Ugwu Pascal Chijioke and Ibrahim Sadiq Adekunle, on or about the 12th day of May, 2021 in Lagos, within the jurisdiction of this Honourable Court, by false pretence and with intent to defraud, attempted to obtain property from one Oriyomi Johnson under the pretext that the “Chief Magistrate Court, Lagos State Judiciary, Mushin, Lagos” issued an Order to the effect that the property located at New Horizon Estate, Lekki- Ikate, Lagos be seized and the said apartment sealed pending the arrival of the said Oriyomi Johnson ,which representation you knew to be false and committed an offence of attempt to obtain property by false pretense contrary to Sections 8(b) of the Advanced Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section11(3) of the same Act.”

Another count reads, “That you, Ugwu Pascal Chijioke and Ibrahim Sadiq Adekunle, on or about the 12th day of May, 2021 in Lagos, within the jurisdiction of this Honourable Court not being a person holding any office in or authority of the Economic and Financial Crimes Commission, wore a jacket bearing the official mark of the Commission ,which was calculated to convey the impression that you held such authority and committed an offence of unlawfully wearing the uniform of the Economic and Financial Crimes Commission contrary to Section 79(1) (b) of the Criminal Law of Lagos State.”

Headline

Lagos Assembly Passed 300 Bills, 2000 Resolutions In 25 years – Speaker

Published

4 days ago

June 12, 2024

Editor

The Lagos State House of Assembly has passed 300 bills and 2,000 resolutions since the return of democratic dispensation in 1999.

The Speaker, Mudashiru Obasa stated this at a programme to commemorate 25 years of democratic governance on Wednesday in the state.

The programme, organised by the Lagos State House of Assembly was themed “Building a Brighter Future: A Journey of Hope and Aspirations”.

Obasa revealed that some of the bills and resolutions were historic.
He added that many of the bills eventually became laws which had impacted residents greatly as well as people outside of the state.

“Particularly worthy of mention are the Financial Autonomy law, Neighbourhood Safety Agency law, Regulation Approval law, and the Local Government Administration law, which created 37 Local Council Development Areas (LCDAS).

“This is in addition to the existing 20 local government areas in the state for the purpose of bringing government closer to the teeming Lagosians. The law also creates a four-year tenure for elected officials of the local government councils, making Lagos the first state in Nigeria to do so.

“Also, there is the Traffic Sector Reform law which created the Bus Rapid Transportation (BRT) system and the Lagos State Transport Management Authority (LASTMA) law.”

Our BRT law became a prototype design for many other states in Nigeria and some West African countries like Ghana and the Gambia.

“As a matter of fact, most of our laws, including our House Rules, have become models for other State Houses of Assembly in Nigeria,” he said.

Speaking on education, he stated that the Assembly had enacted the Lagos State University of Science and Technology law which converted the old Lagos State Polytechnic to a full university.

He noted that one of the beauties of law was that it would eliminate the discrimination against polytechnic graduates in the labour market.

Obasa added that the Lagos State College of Education was upgraded to the Lagos State University of Education through an enabling law, thereby increasing the number of universities established by the state to three.

The Speaker said in a bid to proffer solutions to the security challenges facing the country, the Assembly pioneered the agitation for the creation of state police.

He said due to constitutional constraints, an abridged form of security outfit called the Neighbourhood Safety Corps Agency was created to assist the police in maintaining law and order and enhance community policing in the state.

Obasa recalled that the very first session of the Assembly was headed by Mr Oladosu Osinowo (Ikorodu Urban II constituency) between October 1979 and September 1983.

He said Osinowo laid the foundation for the vibrancy of the House as well as the brilliant leadership for which the Assembly was revered.

He said at the time Osinowo was Speaker, Lateef Jakande was the state governor and that his administration built the Assembly complex.

He said the second Lagos Legislative Assembly was headed by Mr Oladimeji Longe (itire-Ikate constituency) between October 1983 and December 1983 while Shakirudeen Kinyomi (Ojo I constituency) was the Speaker in the third Legislative Assembly.

The speaker said that the Fourth Legislative Assembly, led by Dr Olorunnibe Mamora (Kosofe I constituency), was inaugurated by the then governor of the state and now President Bola Tinubu on June 2, 1999.

“The Assembly has enjoyed relative stability in its leadership with only four Presiding Officers in 25 years of uninterrupted democracy in Nigeria.

“This has, in no doubt, enhanced innovation, competence and capacity. Mamora led the House between June 1999 and June 2003, followed by Mr Jokotola Pelumi (Epe II), who led between June 2003 and December 2005.

“Then, Mr Adeyemi Ikuforiji (Epe I) took the mantle and led between December 2005 and June 2015. In addition, I am the current and longest serving legislator and Speaker in Nigeria, I was first elected Speaker in June 2015, I was re-elected in 2019 and again returned in 2023,” he said.

He added that the Assembly’s avowed commitment to excellence in all its ramifications had made the state the bride of all since 1999.

Obasa said the Assembly had lived by its creed, reflecting positively on the constituents who had put their hopes on it as an alternative dispute resolution mechanism for prompt, fair and effective dispensation of justice.
NAN