A Federal High Court in Abuja has ordered status quo on the withdrawal of operating licence of the Daar Communications PLC over alleged breach of broadcasting code. Justice Inyang Ekwo on Friday ordered the National Broadcasting Commission (NBC), the Federal Ministry of Information and Culture, the Attorney General of the Federation to appear on Thursday, June 13 to show cause why the motion on notice challenging the action of the regulatory agency should not be granted.
In an ex parte application brought by its lawyer, Mike Ozekhome (SAN), Daar PLC operators of African Independent Television (AIT), Raypower FM, Faaji FM and Daarsat had on Thursday asked the court to order status quo ante bellum pending the determination of the main suit.
The NBC had in a letter dated May 27, 2019 accused Daar of breaching the Nigeria’s Broadcasting Code with its Kakaaki and other programmes and subsequently withdrew its licence.
In the suit against the NBC, the Federal Ministry of Information and Culture, the Attorney General of the Federation, Daar claimed that it had since the licence of its television and radio stations been conducting its operations in line with Section 22 of the 1999 Constitution. It therefore asks the court to make 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 howsoever 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.”
Enumerating grounds for the action, Daar Plc said the defendants had on April 16 in a Gestapo-style invaded its premises and pulled down two buildings and gates leading to its operational office in Asokoro, Abuja worth millions of naira. (Daily Trust)
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The Nigeria Broadcasting Commission (NBC) has suspended the license of Dar Communication Plc, promoter of AIT television and RAY POWER FM until further notice.
The withdrawal of their license was announced by the Director General of NBC, Modibbo Kawu on Thursday evening.
He said the action was taken for failure of the broadcasting station to abide by the broadcasting code.
AIT and the regulatory body, NBC has been at loggerheads over one of the segments of a programme on AIT “kakaki social” which the regulatory body said is promoting anti government materials.
Below is the press briefing from the NBC regarding to the indefinite shut down of AIT.
PRESS BRIEFING ON SUSPENSION OF LICENCE – DAAR COMMUNICATIONS, HELD TODAY 6TH JUNE, 2019 AT THE NBC HEADQUARTERS IN ABUJA.
Following monitoring reports and complaints from concerned Nigerians about the broadcast contents of Daar Communications Plc’s AIT/Raypower broadcast stations, the NBC have over the last 2 years summoned on several occasions management of the company to address issues regarding the operations of AIT/Raypower with the company, particularly, Political Platform and Kakaaki aired on AIT.
In one of our meetings, held on 2nd June, 2017, the Commission expressed its disappointment with the way and manner Hate Speech, divisive and inciting comments are applied in discussion of national issues in breach of the provisions of the NBC Act and Broadcast Code.
Again, on 15th August, 2017, it became imperative to invite the company for yet another meeting on almost same issues. Furthermore, while addressing another meeting on 7th February, 2018 we highlighted issues of concern to the Commission which indicated that the company had been breaching the provisions of Sections 3.1.2 and 3.1.3 of the broadcast Code. The company’s delegates in their response promised to abate the breaches and comply with the law.
However, on October 18, 2018, the Commission was disturbed with the manner in which social media issues became part of the mainstream media unedited on AIT/Raypower, and was constrained to issue a generic letter to all broadcast stations on
the need to exercise caution in the use of user generated content from the social media knowing how volatile and misleading the social media has become. The management of Daar Communication Plc thereafter took to the social media to display our official correspondences.
Recently, 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 Islamizing” and other similar slogans are used without editorial control in breach of the broadcast Code. We were therefore constrained to issue Daar Communication letters of warning dated May 27th, 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, 22nd and 23rd May, 2019 without regard to the provisions of the Broadcast Code. The Commission, in line with its regulatory powers again cautioned AIT in another letter also dated 27th May, 2019.
However, instead of making amends, the management of Daar Communications Plc resorted to the use of media propaganda against the regulator. Even the letters from the NBC were posted on social media platforms.
Needless to state that Daar Communications have over the years turned themselves into a bad example of how a professional broadcast outfit should not be run.
In their relationship with the NBC, Daar Communications carry on, as if it is beyond the regulatory direction of the Commission. They don’t pay their licence fees as and when due.
Its broadcast is patently partisan and one sided and deliberately inciting and heating the polity. The management of the Company has created the habit of using the channel to fight its personal battles contrary to the statutory requirements of the law.
SHUT DOWN ORDER
Today the 6th of June, 2019, AIT/Rapower embarked on use of inflammatory, divisive, inciting broadcasts, and media propaganda against the government and, the NBC for performing its statutory functions of regulating the broadcast industry in Nigeria.
Consequently, after several meetings with management of Daar Communications Plc and many letters of warning. The NBC, today 6th June, 2019 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
Laws of the Federation of Nigeria and the Nigeria Broadcasting Code.
This decision is based on the provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004, which states as follows:
(d) where in the opinion of the Commission the station has been used in a manner detrimental to national interest.
(g) where there is wilful or repeated failure to operate
substantially as set forth in the licence
(h), where there is wilful or repeated violation or wilful or repeated failure to observe any provision of this Act or any rule or regulation of the Commission authorised by this Act or by a treaty ratified by the Federal Republic of Nigeria.
(i), where there is violation of or failure to observe any cease and desist order issued by the Commission;
(k), where a provision of the Nigeria Broadcasting Code has been seriously breached; and
The SHUT DOWN order is until further notice.
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