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AIT resumes broadcast as Court nullifies NBC’s ban

….As Atiku, Guild of Editorscondemn shutdown

Reversal of the ban on the operating license of DAAR Communications, owners of AIT and Raypower FM, by the National Broadcasting Commission (NBC) the African Independent Television (AIT) is back on-air and has resumed broadcast.

Barely 24 hours after the NBC had banned Daar Communications PLC from operation, a federal high court in Abuja nullified the suspension, ordering both DAAR communications and the National Broadcasting Commission (NBC), who are parties in the case, to maintain the status quo pending a hearing on June 13, 2019.

The National Broadcasting Commission had on Thursday, suspended the operating license of the Daar Communications PLC, operator of AIT and Ray Power over alleged breach of the NBC’s broadcasting code.

While announcing the ban on Daar Communications in Abuja on Thursday, the Director-General of the NBC, Dr. Modibbo Kawu had said the decision was based on the violation of the broadcasting code by the stations which is backed by provisions of Section 10 of the Third Schedule of the NBC Act Cap N11 Laws of the Federation of Nigeria, 2004. Apart from violating broadcasting code, he said the decision was also taken for the failure of the broadcast stations to pay their license fees as when due, even persistent warning to the company to toe the line of caution.

But Justice Inyang Ekwo of the Federal High court, while delivering an order on Friday, ordered the National Broadcasting Commission (NBC), the Federal Ministry of Information and Culture and the Attorney General of the Federation to appear before the court on Thursday, June 13 to show cause why the motion on notice by Daar Communications PLC, challenging the ban should not be granted.

In an ex parte application, Daar Communications PLC, had, through its lawyer, Mike Ozekhome (SAN), on Thursday, asked the court to order the Commission to revert its ban. Daar Communications PLC, in the suit against the NBC, the Federal Ministry of Information and Culture, and the Attorney General of the Federation, claimed that did it not breach any broadcast code. It asked the court to grant its prayers in “restraining the defendants from blocking, jamming, stopping removing from air and/or interfering with the air waves of the plaintiff/applicant (Daar Communications Plc) in any way and manner, however, called from invading the premises of the plaintiff/applicant (Daar Communications Plc) or closing down the said premises, its operations or broadcast services, pending the hearing and determination of the motion on notice filed along with this application.”

Former Vice President, AlhajiAtikuAbubakar, has condemned the suspension, on Thursday of AIT and RayPower FM broadcast licence by National Broadcasting Commission (NBC).

Abubakar made his views on the issue known in statement by his Media Adviser, Mr Paul Ibe, on Friday in Abuja.

He said the suspension of the licenses of the DAAR Group and shutting down of its stations revealed a dangerous dark and anti-media agenda to stifle critical voices in the country.

He said that any situation where the media could not freely criticise the government posed a grave danger to the country’s democracy.

The Peoples Democratic Party (PDP) Presidential Candidate in the last general elections said that Nigeria would not have a vibrant democratic order where the media were under totalitarian threats from a supposed democratic government.

“If the press is not free, the situation will inevitably lead to dictatorship and endanger Nigerians’ struggles to entrench democracy in the country,” he said.

Abubakar said that it was impossible to love democratic values and hate free press at the same time. According to him, democracy is not a government of kings or lords who feel superior to the people and not accountable.

He warned that the war against the media was the first stage to turn democracy into full blown dictatorship.

“Dictators want to be worshiped rather than being criticised and held accountable for non-performance or actions. That is why they find democratic order an inconvenience to their sinister desires to kill free speech,” he said.

Abubakar said that if Nigerians did not defend free speech and free press, their own freedoms may be ultimately jeopardised by the government’s intolerance of criticisms.

Also the Nigerian Guild of Editors (NGE) condemned the suspension of the licences of the African Independent Television (AIT) and Ray Power by the National Broadcasting Commission (NBC) and demanded its reversal.

The NGE expressed its view in a statement made in Abuja on Friday.In the statement signed by President of the Guild, MrsFunkeEgbemode, the editors appealed to President MuhammaduBuhari, to use his good offices to call the NBC to order to revoke the suspension.

The NBC on June 6, announced the suspension of the licence of the media outfit, DAAR Communication PLC, owners of AIT and Ray power, a radio station until further notice.

The Director General, NBS, ModibboKawu, had accused the broadcasting organisation of refusing to abide by the code governing its operations, adding that this was the reason the licence was suspended.

The Guild demanded in clear terms the revocation of the suspension order as it runs contrary to the ideals of free speech and the fine tenets of press freedom.

According to the Egbemode, this is a case of Executive highhandedness and it paints our dear country in the darkest tar of dictatorship.

“The Fourth Estate of the Realm remains the watchdog of society and any attempt to gag it in any guise is an affront on democracy and the people.

“The Guild is concerned about the violation of the constitutional rights of DAAR Communications and absence of media freedom in performing their roles as the watchdog of the Nigerian society.

“The Guild is strongly of the opinion that the NBC, in exercising its regulatory powers, should concentrate on implementing policies that will position Nigeria’s broadcasting to compete in the global spheres.

“It is to be recalled that NBC had, before the 2019 general elections, shut down Joy FM in Jos for violations of the broadcasting code.

“In 2018, the NBC shut down Ekiti Radio/TV station. Shutting down stations and withdrawing licences are too extreme in the circumstance.

“There must be humane and saner ways to resolve disputes bordering on violation of the Broadcasting Code, rather than engage in witch-hunting and unnecessary show of excessive force, ” NGE further stated.

The president of the NGE, however, expressed concern that NBC action had thrown thousands of Nigerians into the already saturated labour market and should not be trophy for good corporate governance of a regulator.

She expressed the Guild’s solidarity with DAAR communication family, urging the staff and management to remain calm as the Guild liaises with well-meaning Nigerians and other media professionals to get justice.

 

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