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Wednesday, November 27, 2024

Court to rule on suit seeking stoppage of analogue to digital contract

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A High Court of the Federal Capital Territory FCT will on Thursday August 5 deliver ruling in a suit seeking to stop the National Broadcasting Commission (NBC) from terminating a contract on movement of Nigeria from Analogue to Digital Television.

Justice A.M Ademu, a vacation Judge, fixed September 5 to give decision in the contract dispute after taking an ex-parte application brought before him by six companies involved in the disputed contractual agreement.

In the ex-parte motion marked FCT/HC/CMR/CV/442/2024, the aggrieved companies prayed for an order of the court to restrain the NBC from interfering or terminating the contract relating to transition from Analogue to Digital Torrential Television in Nigeria pending the hearing of a motion on notice before the court.

In the motion argued by Dr Reuben Atabo SAN, the claimnants sought order of the court to prohibit NBC from their contractual rights in respect of the Switch Off from analogue to digital in the country.

They also applied for an order stopping NBC from advertising to bid for licence for the purpose of transiting from analogue to digital torrential television.

Besides, Claimnants want the court to stop granting of licence to any company or individual for the purpose of manufacturing Set Top Boxes for transition of switch off of analogue to digital until their case is fully disposed off.

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.

Apart from NBC, Inview Technologies Limited is the 2nd defendant in the suit.

Grounds upon which their application is predicated are that the NBC initiated a policy of switch off from analogue to digital torrential television in Nigeria in 2012 and that they were granted licence to participate in the program upon payment of N50M to the NBC.

They asserted that they were to be given two years exclusive rights to recoup their investment from the date of switch off by the NBC.

Claimnants said that they were authorised to manufacture one million Set Top Boxes specifically designed for switch off of analogue to digital torrential television in Nigeria,

They however claimed that on August 22, 2024, the Director General of the NBC issued a press statement with the Executive Vice Chairman of the National Communication Commission that the federal government has approved the sum of ten billion for the take off of switch off from digital to analogue.

They averred 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,

Justice Ademu after listening to the request of the claimnants to rescue them from the NBC unlawful act, fixed September 5 to deliver ruling in the ex-parte application seeking temporary order to stop the alleged unlawful act.

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