Northern Broadcast Media Owners Association sues Arewa24 Ltd, others for operating without license

The Northern Broadcast Media Owners Association (NBMOA) Board of Trustees (BoT) has initiated legal action against Arewa24 Limited and seven other parties for operating illegally without license in Nigeria.

In an issued statement yesterday, Chairman of the NBMOA Board of Trustees, Alhaji (Dr.) Ahmed Tijjani Ramalan, said the unlicensed broadcasting activities of the defendants threaten the established legal and competitive media landscape, thereby adversely affecting media owners and audiences across Nigeria.

The suit, which is scheduled for a hearing before Justice Omotosho of the Federal High Court sitting in the Federal Capital Territory (FCT), named the National Broadcasting Commission (NBC), the Federal Ministry of Information and National Orientation, the Advertising Regulatory Council of Nigeria (ARCON), the Federal Competition and Consumer Protection Council (FCCPC), MIPAN, MultiChoice, StarTimes, and ADVAN as defendants.

The NBMOA initiated the case against the allegation that the sponsors of the company are Jews, and residents of America, who are using the platform to spread their agenda in Nigeria.

The association emphasised the association’s dedication to upholding lawful broadcasting standards. According to Dr. Ramalan, “Our objective is to ensure a fair, regulated media environment, in line with established broadcasting standards, while maintaining a commitment to the rule of law”.

The NBMOA has indicated that it will not issue further comments until court proceedings have concluded, emphasizing the need to respect the legal process in the interest of justice and transparency.

Efforts to get the reaction of Arewa24 Ltd to this development did not yield any positive result as of press time.

The outcome of the hearing will be closely monitored by stakeholders in the broadcast industry, as it may have significant implications for Nigeria’s broadcasting and media regulation framework.

SUMMONS OF THE FEDERAL HIGH COURT OF NIGERIA SERVED

PLAINTIFF SEEKS THE DETERMINATION OF THE FOLLOWING QUESTIONS:

1. Whether by the combined reading of Chapter 2 Items 2.0.1 & 2.0.2 of the NBC Code and Section 32 (1,2,3,4,5 & 6) of the Advertising Regulatory Council of Nigeria Act 2022. NETWORK AREWA 24 LIMITED the 1st defendant is legally empowered to engage in transmission of sound or video by cable Television, Radio, Satellite or any other medium of broadcast from anywhere in Nigeria unless licensed by the Commission.
2. Whether by a combined reading of SECTION 21 (1) (2B) SECTION 32 (1) (2), SECTION 34 (4) OF THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT 2022, the 1st defendant can practice or continue to practice advertising and marketing communications in the Nigerian advertising market or commence operation or operate as an advertising or marketing communications outfit or carry on advertising or marketing communications business or profession without being registered with the advertising Regulatory Council of Nigeria.
3. Whether the ownership structure of Network Arewa 24 Limited, being predominantly foreign, is in violation of Chapter 7 items 7.0, 7.0.2. k, I, n, o of the Nigerian Broadcasting Code (6th Edition 2022 as Amended) which mandates at least 70% ownership by Nigerians.
4. Whether the content broadcasted by Network Arewa 24 Limited, specifically the airing of Nigerian adverts and commercials, is in violation of the NBC Code and ARCON Act, particularly in respect to the Hausa, social cultural traditional and religious Islamic values of the host communities in Nigeria.
5. Whether the Minister of Information and National Orientation, National Broadcasting Commission (NBC), Advertising Regulatory Council of Nigeria (ARCON), Multi-Choice Nigeria (DSTV/GOTV), STARTIMES Nigeria, as regulators and Pay TV platforms, have failed in their duty to enforce the NBC Code and ARCON Act.
6. Whether the Plaontiff is not entitled to an order of the Honourable Court restraining the 1st defendant from transmitting contents targeted at the Northern cultures.
7. Whether in the circumstances of the answer to the above questions in favour of the Plaintiff, the 1st Defendant ought not to be ordered or restrained by this Honourable Court from transmitting and broadcasting local contents in breach of the relevant sections of broadcasting in Nigeria.

UPON THE DETERMINATION OF THE ABOVE QUESTIONS THE PLAINTIFF PRAYS THE HONOURABLE COURT FOR THE FOLLOWING RELIEFS: –

1. A DECLARATION that the 1st Defendant’s broadcasting operations without a license from the National Broadcasting Commission (NBC) are illegal and in violation of the NBC Code and ARCON Act.
2. A DECLARATION that by the combined reading of section 21 (1) (2b) section 32 (1) (2), section 34 (4) of the advertising regulatory council of Nigeria Act 2022, the 1st defendant having not been registered with the advertising Regulatory Council of Nigeria is not entitled to engage or commence operation or operate as an advertising or marketing communications outfit or carry on advertising or marketing communications business or profession in Nigeria.
3. A DECLARATION that the ownership structure of the 1st Defendant, Network Arewa 24 Limited, contravenes the Nigerian Broadcasting Code by failing to meet the mandatory requirement of 70% Nigerian ownership, thereby rendering its operations unlawful.
4. A DECLARATION that the 1st Defendant’s broadcasting content violates the cultural, social, traditional, and religious Islamic values of the Hausa-speaking audience in Northern Nigeria, as mandated by the Nigerian Broadcasting Code and relevant regulations.
5. AN ORDER of this Honourable Court compelling the 1st Defendant to cease all broadcasting operations until it complies with the NBC Code and ARCON Act.
6. AN ORDER of this Honourable Court directing the 1st Defendant to pay fines and penalties for the violations of the NBC Code and ARCON Act.
7. AN ORDER for the 1st Defendant to pay compensatory damages to the Plaintiff for the illegal broadcasting operations and violations of the Nigerian Broadcasting Code and ARCON Act, which have caused economic loss, reputational damage, and harm to the cultural values and social cohesion of the Hausa-speaking communities.
8. AN ORDER for the 1st Defendant to pay exemplary damages for its deliberate and continued violation of Nigerian laws and regulations governing broadcasting and advertising, serving as a deterrent against future infractions.
9. AN ORDER for the 1st Defendant to bear the costs of this suit, including legal fees and any other expenses incurred by the Plaintiff in pursuing this action.
10. AN ORDER of this Honourable Court perpetually restraining the 1st Defendant, their agents, assigns, representatives, privies or from further broadcasting without obtaining the necessary licenses and approvals from the NBC and ARCON, and from airing any content that contravenes Nigerian cultural standards and regulations.
11. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.

This Summons was taken out by NORTHERN BROADCAST MEDIA OWNERS ASSOCIATION (NBMOA) of Nigeria, through his Lead Counsel JOY BOB-ECHIKWONYE ESQ. whose address for service is No. 15, Sylvester Ugoh Crescent, Jabi, Abuja.

The Defendants may appear hereunto by entering appearance personally or by a legal practitioner either by filing the appropriate process (as in Order 7) in response at the Registry of the Court where the summons was issued by sending them to that office by any of the methods allowed by these Rules.

Note: If the Defendants do not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.