Justice Inyang Ekwo of the Federal High Court sitting in Abuja has nullified the suspension of operating licence of DAAR Communications Plc, operator of AIT and RayPower FM by the National Broadcasting Commission (NBC).
In the suit filed against the NBC, the federal ministry of information and culture, and the attorney general of the federation on June 6, the media conglomerate claimed that it did not breach any broadcast code.
It asked the court to grant its prayers by “restraining the defendants from blocking, jamming, stopping removing from air and/or interfering with the air waves of the plaintiff/applicant in any way and manner however called from invading the premises of the plaintiff/applicant (Daar Plc) or closing down…its operations or broadcast services, pending the hearing and determination of the motion on notice filed along with this application.”
The court turned down the restraining orders against the respondents
Instead, Justice Ekwo granted the alternative relief: “an order for the maintenance of status quo ante bellum as at 30th of May, 2019, pending the hearing and final determination of the motion on notice filed along with this application.”
But in his ruling on Friday, Justice Ekwo, rejected two prayers by DAAR, for
Justice Ekwo also ordered the NBC, the federal ministry of information and culture and the attorney general of the federation to appear before the court on Thursday, June 13 to show cause why the motion on notice by DAAR Communications Plc, challenging the ban should not be granted.
It would be recalled that the NBC had, on Thursday, announced indefinite suspension of the licences of the two media houses operated by DAAR Communications Plc.
Kawu explained while announcing the suspension in Abuja that the action was taken following the media houses’ alleged infractions including their inability to pay their licence renewal fees and the airing of a Presidential election documentary while the matter was still before a tribunal, among others.
“The commission’s monitoring reports on AIT/RayPower indicate the use of divisive comments accredited to the segment of Kakaaki, tagged, Kakaaki Social, where inciting comments like ‘Nigeria is cursed, we declare independent state of Niger Delta,’ ‘Nigeria irritates me,’ ‘this country is gradually Islamising,’ and other similar slogans are used without editorial control in breach of the broadcast code. We were therefore constrained to issue DAAR Communications letters of warning dated May 27, 2019.
“We also observed from monitoring reports that a documentary on the Presidential Election Tribunal, a pending election petition matter aired on AIT on Wednesday and Thursday, May 22 and 23 May, 2019 without regard to the provisions of the Broadcast Code,” said Kawu who added that the closure was until further notice.
He also alleged that in its relationship with the NBC, DAAR Communications behaves as if it is above the law.
“They don’t pay their licence fees as and when due. Consequently, after several meetings with the management of DAAR Communications Plc and many letters of warning, the NBC today took a decision to suspend the licence of DAAR Communications Plc for failure to abide by the commission’s directives, the provisions of the NBC Act Cap N11,” he added.
