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MultiChoice loses bid to stop NBC from auditing its account

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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.

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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.

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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.

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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.

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“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)

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“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.

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(NAN)

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Army acquires 43 drones, wings 46 Turkey-trained personnel

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The Federal Government has bolstered the Nigerian Army’s operational capacity with the acquisition of 43 Bayraktar TB2 drones, primarily for deployment in the North-West theatre of operations.

The Commander of the Nigerian Army Space Command, Brig. Gen. U.G. Ogeleka, disclosed this on Tuesday during the winging ceremony of 46 personnel trained in the operation and maintenance of the drones.

The initiative, codenamed Project Guardian, aims to strengthen military operations against insurgency and other security challenges in the region.

“Between May and September 2022, a team of 35 officers and 11 soldiers from the Nigerian Army’s routinely piloted aircraft system regiments underwent specialised training in Turkey on the operation and maintenance of the Bayraktar TB2 drones,” Ogeleka said. “The training crew included multi-piloted aircraft pilots, mission operators, avionics, and mechanical engineers and technicians.”

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Out of the 46 trained personnel, 14 are multi-piloted aircraft pilots, seven are mission operators, and 23 are engineers and technicians.

Ogeleka presented 22 of the trained personnel for the winging ceremony, noting that the others are actively engaged in operational duties.

The Chief of Army Staff, Lt. Gen. Olufemi Oluyede, praised the acquisition of the drones and the training of personnel as significant steps toward enhancing the army’s professionalism and combat readiness.

“The winging of these 22 officers and soldiers as pilots and certified maintenance engineers is a morale booster for others in service,” Oluyede said. “It confirms their readiness to operate and maintain the Turkish Bayraktar TB2 drones in our inventory.”

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Oluyede further revealed plans to procure additional unmanned aerial systems in the coming year to strengthen military operations across all theatres in the country.

The drones will play a critical role in addressing security challenges in the North-West, a region plagued by banditry and insurgency.

Their advanced surveillance and strike capabilities are expected to significantly enhance the Nigerian Army’s operational effectiveness.

This development underscores the government’s commitment to leveraging technology to improve national security and highlights the Nigerian Army’s drive to modernize its arsenal and build capacity within its ranks.

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With more unmanned aerial systems set for acquisition, the military’s ability to conduct precise, real-time surveillance and combat operations is poised for substantial improvement.

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Ondo Assembly mulls 10-year jail term for land grabbers

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The Ondo State House of Assembly is considering a bill that proposes harsh penalties for land grabbers, including up to 10 years imprisonment for forceful entry or illegal takeover of properties.

Governor Lucky Aiyedatiwa has further reinforced the fight against land grabbing by signing an Executive Order to prohibit such activities.

The order aims to end forceful entry, illegal occupation of landed properties, and fraudulent or violent conduct related to land in the state.

To strengthen enforcement, the governor has established a Task Force to protect property rights, uphold the rule of law, and ensure a secure environment for property owners and residents.

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The proposed bill also includes severe penalties of up to 21 years imprisonment for selling family land without the consent of the family head or secretary.

Hon Moyinolorun Ogunwumiju, the lawmaker representing Ondo West Constituency 1, who sponsored the bill, spoke during a public hearing on the bill

Hon Ogunwumiju assured stakeholders that the bill would improve land administration, protect landowners, attract investors, and foster peace and development in the state.

He explained that the bill sought to regulate land dealings, protect landowners and buyers, penalise encroachers, and criminalise unregistered agents.

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Ogunwumiju said the bill proposed penalties of up to 10 years’ imprisonment for forceful entry or takeover of properties and up to 21 years for selling family land without the consent of the family head or secretary.

Speaker of the Assembly, Hon Olamide Oladiji, urged committee members and stakeholders to ensure the bill served the interests of the people.

He said the bill would maintain order in the state and impose necessary sanctions on offenders.

“Land grabbers pose a significant threat to property acquisition. Their activities ranging from trespassing, forceful occupation, and illegal sales of properties to multiple buyers must be confronted decisively.”

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Majority Leader and Chairman of the House Committee on Rules and Business, Oluwole Ogunmolasuyi,  said the bill, would benefit the society at large

Ondo Commissioner for Justice and Attorney General, Kayode Ajulo said the bill would enhance land administration and complement the executive order signed by Governor Aiyedatiwa.

Stakeholders including traditional rulers  called for full implementation of the bill when signed into law.

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FG earmarks N250bn for Lagos-Abuja rail project in 2025 budget

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The federal government has made an allocation of N250 billion in the 2025 budget for the Lagos–Abuja mass transit rail project.

This budgetary investment is part of a broader plan to revitalize Nigeria’s infrastructure and stimulate economic growth.

The government’s focus on infrastructure development is rooted in the belief that it is a cornerstone of long-term economic planning.

By investing in critical infrastructure such as roads, railways, energy, healthcare, and education, the administration aims to create a conducive environment for both domestic and foreign investment.

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The Lagos-Abuja rail project, in particular, is expected to have a transformative impact on the Nigerian economy.

By improving transportation connectivity between two major economic hubs, the project will facilitate the movement of goods and people, reduce logistics costs, and stimulate economic activity.

Additionally, the project is expected to create numerous jobs, both directly and indirectly, contributing to the country’s overall employment rate.

The government’s infrastructure investments are also aimed at addressing regional disparities.

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By connecting different parts of the country through improved transportation networks, the administration hopes to stimulate economic growth in underserved regions, reduce poverty, and promote equitable development.

The 2025 budget signals the government’s commitment to transforming Nigeria’s infrastructure landscape.

By investing in critical projects like the Lagos-Abuja rail line, the administration aims to lay the foundation for a more prosperous and connected Nigeria.

However, the success of these initiatives will depend on effective planning, efficient implementation, and transparent governance.

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