Monday, July 15, 2024
By Eugene Akwang
A High Court of Rivers State awarded the sum of thirty million naira(N30,000,000.00), with five hundred thousand naira(500,000.00) cost and 10 per cent (10%) post judgment interest per annum, against Multichoice Nig. Limited in favour of Metrodigital Limited as general damages for violation of rights.
A copy of the judgment order sighted by Mainstream ng in Suit N0: PHC/640/FHP/2024, listed Dr Ifeanyi Nwafor, who was for himself and as Managing Director of Metrodigital Ltd., as the applicant.
It also listed the Director General, Nigerian Copyright Commission as first respondent, the Copyright Commission as second respondent and Multichoice Nig. Ltd., as third respondent.
Justice Chinwendu Nwogu, the presiding Judge who gave the judgment order on July 2, 2024, stated that the applicant, as a Nigerian citizen, was entitled to enjoy his fundamental rights to personal liberty, freedom of expression under Sections 35(I),39(I) and (4) of the Constitution of the Federal Republic of Nigeria, 1999(as amended), without threat, intimidation and harassment by the first and second respondents on the unwarranted instigation by the third respondent.
The Judge declared that, “the invitation of the applicant(Dr Ifeanyi Nwafor or Metrodigital Ltd) by the first and second respondents(Director General, Nigerian Copyright Commission and Nigerian Copyright Commission), for the purpose of arresting and detaining the applicant on the unwarranted instigation by the third respondent(Multichoice Nig. Ltd), to answer for the allegations over alleged infringement of Copyright that is a subject matter of a civil suit pending appeal at the Supreme Court, is a violation of the applicant’s fundamental rights to personal liberty and freedom of movement as guaranteed by Sections 35(I) and 41 of the Constitution of the Federal Republic of Nigeria, 1999(as amended).”
Justice Nwogu also declared ” that the threat of invocation of criminal provisions of the Copyright provisions of the Copyright Act to arrest, detain and seizure of the applicant’s properties and those of the applicant’s company, Metrodigital Ltd in a civil action on Copyright in a pending appeal at the Supreme court is a violation of the applicant’s fundamental rights to freedom of expression, freedom to hold opinions and to receive and impart ideas and information interference guaranteed by Sections 39(I) of the Constitution of the Federal Republic of Nigeria, 1999(as amended).”
” An order of perpetual injunction be and is hereby made restraining the first and second respondents, their agents, privies or any officer of the Nigerian Copyright Commission from further inviting, arresting, harassing, intimidating and /or detaining the applicant or invading the applicant’s and his company premises, on the unwarranted instigation by the third respondent on issues that have been settled by an extant Court of Appeal judgment in CA/PH/188/2021, and subject of a pending appeal of the Supreme court in SC/CV/1248/2021.”
Justice Nwogu then stated categorically: “The sum of N30,000,000.00(Thirty million naira) as general damages against the respondents jointly and severally.
” 10% post judgment per annum on the judgment sum until final liquidation by the respondents.
” N500,000.00 cost”.
In his reaction to the court judgment, the Managing Director of Metrodigital Ltd., Dr Ifeanyi Nwafor said the courts existed to deliver justice to whom justice was due.
However, he noted that the Nigerian Broadcasting industry was replete with features that promoted her underdevelopment in the past three decades and beyond.
He said the features range from anti- competition practices that paved the way for monopoly.
“Aside these very common practices that are inimical to economic growth and development, failure to obey laws intended to promote the effort of government to stimulate growth in the economy culminate in the stagnant nature of the economy of any nation,” he said.
” Only recently, Metrodigital approached the court to compel Multichoice to sublicense channels, acquired channels to it for a fee, in accordance with the provisions of the National Broadcasting Code.
” Metrodigital was able to secure judgement in her favour from the Court of Appeal in Port-Hrcourt.
“In her characteristic manner, Multichoice disobeyed the judgement of the appellate Court in a desperate move to sustain the monopoly it had entrenched in the Nigerian Broadvast industry for many decades.
“It is on record that Multichoice had at several occasions instigated government agencies to prevent other players, especially indigenous operators from fair participation in the broadcast industry.
“A case in point is the unwarranted use of a government agency, the Nigerian Copyright Commission (NCC) to review a case already decided by the appellate Court in Port harcourt.
“The unwholesome move by Multichoice to resort to unlawful means to challenge the judgement of the Appeal Court through a government agency is an affront on the effort of government to engineer a substantial structural transformation of the Nigerian economy.
“Worthy of note is the fact that the Broadcast industry in Nigeria for more than three decades has not made any meaningful contribution in employment generation, poverty reduction, improved standard of living and addressing income inequality due to monopoly.
“It is little wonder then that, the output of the economy grows at a lower rate than than the rate of population growth,” Nwafor said
According to him, ideally, the Nigerian Broadcast industry is expected to contribute meaningfully to Nigeria’s multidimensional macroeconomic stability.
“Laws are made for the proper functioning of the society. Individuals and organisations must have the discipline to obey laws whether such laws are favourable to them or not.
“Also, impunity and flagrant disregard to laws by individuals and organisations without consequences promotes anarchy and such acts are condemnable.
“Multichoice must admit the stark reality that both humans and organisations must be law abiding for peaceful coexistence and societal progress,” Nwafor said.
Mainstream ng reports that on Thursday, March 7, the Federal Government through the Secretary to the Government of the Federation, Senator George Akume, inaugurated a new indigenous satellite pay television network known as Silver Lake Television (SLTV).
The new pay TV owned by Metrodigital Ltd., became an instant rival to existing ones such as DSTV, Gotv, and Startimes among others.
The company had released it’s subscription package prices and channels Nigerians are enjoying. (MAINSTREAM ng)
