News
MultiChoice loses bid to stop NBC from auditing its account
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.
“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 hearing of the motion on notice.
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.
(NAN)
…hails emergence of Bawa as state chairman
The Senator representing Taraba Central Senatorial District Senator Manu Haruna on Sunday donated five operational vehicles to Taraba Peoples Democratic Party, PDP to enhance its operations.
Manu also seized the opportunity to congratulate the state Chairman, Hon Abubakar Bawa when he visited the secretariat in Jalingo last Sunday.
The former State Deputy Governor expressed his congratulations to Chairman Bawa and the state working committee for their election, emphasizing the importance of unity and progress within the party. He commended their commitment to strengthening the People’s Democratic Party (PDP) in Taraba State.
In a generous move to enhance the operational capacity of the party at the grassroots level, Senator Manu donated five vehicles — one for each Local Government Area (LGA) party chapter in Taraba Central.
This donation is intended to facilitate better coordination and outreach efforts within the party.
Senator Manu praised Hon. Abubakar Bawa for his dedicated efforts to elevate the PDP in the state, asserting that Taraba will always remain a stronghold for the party.
In response, State Party Chairman Alhaji Bawa expressed his heartfelt gratitude to Senator Manu for his thoughtful visit and generous donation. He acknowledged the impact of such contributions on the party’s progress and reemphasized the commitment of the PDP to serve the interests of the people in Taraba State.
By Francesca Hangeior
The Attorney General of the Federation and Minister of Justice, AGF, Prince Lateef Fagbemi, SAN, has canvassed for greater efforts and commitments to the Federal Government’s aspirations to produce a workable legal framework for the country.
He charged the Committee put in place by the federal government to review, revise and consolidate the Laws of the Federation of Nigeria, LFN, to double the efforts and commitments to deliver on the mandate at the appointed time.
Fagbemi, a Senior Advocate of Nigeria, spoke on Monday in Abuja at the second retreat of the Committee put in place in October last year for the laws of the federation revision and reform.
The AGF while challenging the committee to be up and doing asked the members to remain united in purpose and steadfast in the resolve to produce a legal framework that is worthy of the nation’s aspirations.
He said the second retreat organized by the federal government was a strategic consolidation of the national law reform efforts and to provide an invaluable opportunity to come up with a better workable legal framework for the nation.
“Let me start by expressing gratitude to the Chairman, Co-Chairperson and members of the Committee for their selfless service and sacrifice, to ensure that this project is executed efficiently and effectively.
“The call to be part of this assignment is indeed a sacred that inevitably and positively affects the lives of individuals, government, businesses as well as citizens of this nation.
“The general purpose of law is to regulate human behavior by protecting lives and properties in society. The inauguration of the Committee on the 24th October, 2024 marked a historic milestone in our collective efforts to modernize, consolidate, and harmonize Nigeria’s body of federal statutes.
“The retreat successfully provides a clear framework for the structure and methodology of the revision exercise, oriented the 14 Working Groups tasked with reviewing specific legal subject areas, and fostered collaboration among key institutions and stakeholders on the project.
“Following the initial retreat, I wish to note that the Committee has recorded steady progress in its work.
“The Ministry has taken several measures to ensure that the assignment is delivered efficiently, including:training sessions for secretaries of the working groups to enhance documentation and coordination; technical meetings of the main committee and its various sub-committees; working sessions and deliberations among editors and reviewers; and ongoing technical collation of revised laws by the Secretariat.
“This second retreat is a strategic consolidation of our national law reform efforts and provides an invaluable opportunity to: review progress made since the first phase;
address any technical or structural challenges encountered during the collation process;
– Harmonize the output across working groups; and set the tone for the final stages of this important project.
“The next stage of the law review and consolidation process would include editing and proofreading the reviewed legislation, ahead of the final collation, production and printing of the laws of the federation.
“It is my conviction that these phases will be executed with even greater commitment by the Committee, with the support of stakeholders and development partners.
“I wish to commend the leadership of the LFN Committee, the Secretariat for its diligent coordination and day-to-day management as well as the Working Groups, Editors, and Reviewers, for their intellectual rigour and professionalism.
“Special gratitude to our development partners, particularly RoLAC, for standing firmly behind this national project.
“Let me urge all participants to use this retreat as a platform for robust engagement, peer learning, and practical collaboration.
“We must remain united in purpose and steadfast in our resolve to produce a legal framework that is worthy of our nation’s aspirations.
” I wish to express gratitude for your commitment to duty and I charge you to work in synergy and cooperation, in the overall interest of the nation”, the AGF said.
The Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd.), has replied to the Nigerian Bar Association regarding the reason for relocating its Annual General Conference from Port Harcourt to Enugu State.
Ibas faulted the reason cited by the NBA, describing it as misleading and uncharitable.
The Sole Administrator stated this in a statement issued in Port Harcourt on Monday by his media aide, Hector Igbikiowubo, and sent to newsmen.
He said while the NBA reserves the right to choose a venue for its conference, the association had yet to address the issue of the refund of the hosting rights paid by the state government for the conference.
The statement partly reads, “While we respect the NBA’s right to choose its conference venues, we find it curious that the association—despite its “principled position”— didn’t address the refund of the N300 million already paid by the Rivers State Government for the hosting rights of the 2025 conference.
“If the NBA truly stands on principle, it should demonstrate the same integrity by promptly returning these funds rather than benefiting from a state it now publicly discredits.”
It added, “The attention of the Rivers State Government has been drawn to the Nigeria Bar Association’s announcement dated 10th April 2025, relocating its 2025 Annual General Conference from Port Harcourt to Enugu.
The statement partly reads, “While we respect the NBA’s right to choose its conference venues, we find it curious that the association—despite its “principled position”— didn’t address the refund of the N300 million already paid by the Rivers State Government for the hosting rights of the 2025 conference.
“If the NBA truly stands on principle, it should demonstrate the same integrity by promptly returning these funds rather than benefiting from a state it now publicly discredits.”
It added, “The attention of the Rivers State Government has been drawn to the Nigeria Bar Association’s announcement dated 10th April 2025, relocating its 2025 Annual General Conference from Port Harcourt to Enugu.
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