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Court sets aside suspension of DAAR Communications broadcast licences

…Orders NBC to maintain status quo

A legal reprieve came the way of DAAR Communications, promoters of African Independent Television, AIT, Raypower FM and FAAJ FM, Friday, as the Federal High Court sitting in Abuja has nullified the suspension of its operating license.

The National Broadcasting Commission, NBC, had, Thursday, suspended the company’s operating license citing an alleged breach of the broadcasting code by both AIT and Raypower contrary to the provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004.

Beside that, the Director General of the NBC, Mallam Is’haq Moddibo Kawu, said the commission took the decision because the broadcast stations defaulted in paying their license fees as when due, in addition to persistent warnings to the company to toe the line of caution.

But in removing the NBC’s hammer, the Justice Inyang Ekwo-led Federal High Court in Abuja ordered both the federal government and the NBC to maintain the status quo pending a hearing on June 13, 2019.

On Thursday, DAAR Communications Plc, through its lawyer, Chief Mike Ozekhome, a Senior Advocate of Nigeria, SAN, had filed an ex-parte order for an interim injunction, praying the court to order NBC to revert the ban.

In the suit filed against the NBC, the Federal Ministry of Information and Culture, and the Attorney General of the Federation, DAAR Communications said it did not breach any broadcast code.

The company then prayed the court to grant an order “restraining the defendants from blocking, jamming, stopping removing from air and/or interfering with the air waves of the plaintiff/applicant (Daar Plc) in any way and manner however called from invading the premises of the plaintiff/applicant (Daar Plc) or closing down, viet armis, the said premises, its operations or broadcast services, pending the hearing and determination of the motion on notice filed along with this application.”

While ordering both parties to maintain the status quo, on Friday, Justice Inyang Ekwo mandated the Federal Government (Federal Ministry of Information and Culture and the Attorney General of the Federation) and NBC to appear before it on June 13, 2019, to show cause why a revert to May 30, 2019 status quo ante bellum, sought by DAAR Communications PLC should not be granted.

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