A High Court of the Federal Capital Territory, (FCT), yesterday delivered its ruling in a suit seeking to stop the National Broadcasting Commission, (NBC), from terminating a contracts of some associations of Licensed Set-Top Manufacturers on the movement of Nigeria from analogue to digital television.
Justice A.M. Ademu, a vacation judge, ordered to serve the defendants, NBC the Motion on Notice filed, in order to enable them respond.
The Parties were also ordered to maintain Status Quo pending the hearing of the Motion on Notice already filed by the applicants, which means that the NBC and Inview Nigeria Ltd cannot take any further steps to Implement any Digital Switch-over (DSO) plans until the Motion on Notice is heard.
In the ex-parte Motion, marked FCT/HC/CMR/CV/442/2024, the aggrieved companies prayed for an order of the court to restrain NBC from interfering or terminating the contract relating to the transition from analogue to digital terrestrial television in Nigeria pending the hearing of a Motion on Notice before the court.
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.
In the Motion argued by Dr. Reuben Atabo, the claimants sought an 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 to transit from analogue to digital torrential television.
Besides, 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: Grounds upon which their application is predicated are that NBC initiated a policy of switch-off from analogue to digital terrestrial 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 said that they were authorised to manufacture one million set-top boxes specifically designed to switch off analogue to digital terrestrial television in Nigeria, They, however, claimed that on August 22, 2024, the NBC Director-General issued a press statement with the Executive Vice-Chairman of the National Communication Commission (NCC) that the Federal Government has approved the sum of ten billion naira for the take-off of the switch from digital to analogue.
They alleged that the NBC D-G 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 claimants to rescue them from the NBC unlawful act, fixed September 5 to deliver a ruling in the ex-parte application seeking a temporary order to stop the alleged unlawful act.
