Judiciary
A vacation High Court of the Federal Capital Territory, presided over by Hon. Justice Mustapha Adamu, has by his ruling on Motion Exparte in suit NO. FCT/HC/CV/442/2024 between the Nigeria Broadcasting Commission, NBC, and 1OR and Set-Top Box Manufacturers Association of Nigeria restrained all the parties from taking any further step interfering or doing anything with respect to the Suit.
The Court has by this ruling on the motion for an interim injunction stopped the Nigeria Broadcasting Commission, NBC, from interfering or terminating the contract relating to the transition from analogue to digital terrestial television in Nigeria, pending the hearing of a motion on notice before the court.
In arguing the motion ex- parte for the Defendants, Dr Ruben Atabo, prayed for an order of the court to restrain NBC from interfering or terminating the contract relating to the transition from analogue to digital terrestial television in Nigeria pending the hearing and determination of the substantive suit before the court.
The Claimants also sought for an order stopping NBC from advertising the bid for licence to transit from analogue to digital terrestial television.
Furthermore, the claimants want the court to stop the granting of licences to any company or individual to manufacture set- top boxes for the transition of switch off of analogue to digital until their case is fully disposed of.
Applicants in the suit are incorporated trustees of the Association of Licensed Set Top Boxes Manufacturers of Nigeria, Gospell Digital Technology Ltd, Digitune Media Technologies, I-Box Engineering, Trefonics Electronics and Tve-RLG Limited.
The Grounds upon which their application is predicated are that NBC initiated a policy of switch-off from analogue to digital terrestial television in Nigeria in 2012 and that they were granted licences to participate in the programme upon payment of N50 million to NBC.
They asserted that they were to be given two years of exclusive rights to recoup their investment from the date of the switch off by NBC.
Claimants stated that they were authorised to manufacture one million set-top boxes specifically designed to switch off analogue to digital terestial television in Nigeria,
They, however, claimed that on August 22, 2024, the Director General of NBC issued a press statement with the Executive Vice Chairman of the National Communication Commission that the federal government has approved the sum of 10 billion for the take-off of the switch from digital to analogue.
They alleged that the NBC Director General announced the jettisoning of the set-top boxes they manufactured in favour of Hybrid Android DTH Set Top Boxes with data connectivity functionalities, thereby terminating their subsisting contract,
Hon. Justice Mustapha Adamu, a vacation judge sitting in FCT High Court in Maitama, after listening to the submission of the claimants counsel to restrain the NBC from unlawfully terminating their contract, the court ordered status quo to be maintained by all the parties, claimants to serve the defendants with a motion on notice with respect to the injunction and then fixed September 5 to hear the said motion.
In view of the ruling of the court Injunction, NBC is retrained from changing from the original approved Federal Government White Paper on Digital Terrestrial Television, DTT, switch over to any other new plan
More so, NBC is restrained from changing the existing STB specifications as approved by the Digiteam and from licensing any new STB manufacturers or issuing new STB type approval certificate
Furthermore, the NBC is restrained from advertising or issuing invitation for tender for the purpose of acquisition or supply of set top boxes in Nigeria for the purpose of the DSO until the determination of the case.
12th September, 2024.
C.E.
Tags: Nigeria Broadcasting Commission
