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Court declines MultiChoice’s plea to stop NBC from auditing company’s account

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A Federal High Court in  Abuja on Friday, refused to grant an application filed by MultiChoice Nigeria Ltd, seeking an interim order restraining the National Broadcasting Commission (NBC) from requesting any financial, accounting, or tax documents from them.

Justice James Omotosho, in a ruling on the ex-parte motion moved by the applicant’s counsel, Moyosore Onigbanjo, SAN, rather directed all parties, in the interest of justice, not to take any step that could make the outcome of the suit nugatory.

Although the ruling was delivered on Wednesday, its certified true copy was sighted on Friday.

“The ex-parte order for Interim Injunction dated 8th day of May 2024 and filed 16th day of May 2024 is hereby refused,” he declared.

Justice Omotosho then adjourned the matter until May 30 for hearing of the motion on notice.

The News Agency of Nigeria (NAN) reports that MultiChoice Nigeria Limited and Details Nigeria Limited, a provider of the subscription-based digital terrestrial television service, known as GOtv, are 1st and 2nd applicants.

In the ex-parte motion marked: FHC/ABJ/CS/652/2024 dated May 8 and filed May 16 by their lawyer, they sued NBC as sole respondent.

The applicants sought three reliefs, including an order of interim injunction, restraining NBC from carrying out any investigations of the companies for the purposes of determining their annual income or NBC levy for the years between 2014 and 2024 pending the hearing and determination of the motion on notice.

They sought an order of interim injunction restraining NBC from requesting, demanding and or receiving any financial, accounting or tax documents from the companies other than the annual audited accounts of the companies already submitted to the commission.

They said this was in pursuant to Section 2 (10) (b) of the NBC Code 6th Edition for the purposes of determining her remittance of NBC levy for the 2014 to 2024 years of account pending the hearing and determination of the motion on notice.

They equally prayed an order of interim injunction restraining the commission from sanctioning, fining or suspending the companies’ license pursuant to the threats contained in its letter dated April 29 to them, pending the hearing and determination of the motion on notice.

In the affidavit deposed to by the companies’ Head of Compliance, Gozie Onumonu, he averred that the firms were mandated under the various NBC Codes to pay a certain percentage of their income as annual NBC levy to the respondent.

He said that the current code; NBC Code 6th Edition, provides for 2.5% of the income of a broadcaster to be paid to the respondent yearly as an annual NBC levy while the erstwhile code which was amended in 2019 provides for 1.5% of the income of a broadcaster to be paid to the defendant yearly as an annual levy.

He claimed that the companies had never defaulted in paying their annual levy to the commission.

“Income as provided by the NBC Code 6th Edition is not defined nor is it defined in any other previous editions nor in the NBC Act 2004.

“As a result of the lack of definition of what an income is, there was a dispute between the applicants and the respondent in the year 2014 whether income should be turnover or revenue minus cost of production.

“After due negotiations, meetings, etc., between the applicants and the respondent, it was agreed by the applicants and respondent that income should be revenue minus cost of production.

“In the year 2014, when the applicants subtracted the cost of production from their revenue in order to arrive at the then 1.5 per cent required of the applicants under the NBC Code 5th Edition, what was left for the applicants to pay to the defendant in compliance with the 1.5% requirement of the NBC Code 5th Edition was negligible.

“The amount the respondent would have been entitled to, from the applicants as annual NBC levy between 2014 to 2019 if the applicants were to strictly pay the 1.5% annual NBC levy provided by the 5th Edition of the Code was small and the respondent might not be able to carry out its administrative functions in view of its financial needs.

“Specifically, in the year 2014 and 2015, the amount that would have been due to the defendant as 1.5% of the annual income of the 1st applicant was N2.1 million (N2,167,254)

“As a result, the respondent beseeched the applicants to consent to the payment of a fixed sum of N500 million (N500,000,000) as annual levy for the applicants’ licence period of 2014 to 2019 the sum of which was far more than what the plaintiffs were supposed to be paying to the respondent if the applicants were to pay only the 1.5 per cent of their annual income as provided by the NBC Code.

“For the years 2014 to 2019 that the respondent wants to carry out the investigation to verify whether the applicants paid up to 2.5% of their annual incomes as annual NBC levy, the operational NBC Code then was the NBC Code, 5th Edition and it requires broadcaster to pay 1.5% of their annual incomes as annual levy,” he said.

Onumonu, who said the companies had already submitted a certified true copy of their audited account for the previous year(s) to NBC, said the commission was paid over N12 billion (N12, 490, 000, 0000) as annual levy from 2014 to date.

The officer described NBC’s action as an abuse of power, urging the court to grant their plea in the interest of justice.

(NAN)

Crime

Trader bags 9 months jail term for attempted theft

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Trader bags 9 months jail term for attempted theft

A Jos Magistrates’ Court on Monday sentenced a 20-year-old trader, Darwang Chung, to nine months in prison for attempted theft.

Chung, who resides at Gyel in Jos South, pleaded guilty to the one count charge of attempted theft.

The Magistrate, Mr Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos, in his judgement, gave the convict an option of N30,000 fine, or to risk six months in prison and a compensation of N15,000 or another 3 months in prison in default.

Earlier, the Prosecutor, Insp. Labaran Ahmed, told the court that the case was reported on Oct. 6, at the”B” Division Police Station by one Yohanna Dalyop, the complainant.

Ahmed said the convict jumped over the fence into the house of the complainant and was caught.

He said that the offence contravened the Plateau State Penal Code Law.

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Judiciary

Alleged Procurement Fraud: Emefiele’s coys got preferential treatment – witness tells court

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prosecution witness, Mr Stephen Gana, on Monday told an Abuja High Court that two companies belonging to former Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele got preferential treatments in vehicle procurement contracts bidding.

The witness, made this known while testifying in the case of alleged procurement fraud preferred against Emefiele  by the Economic and Financial Crimes Commission (EFCC).

Gana who is the Prosecution Witness (PW10), was the former Head of Procurement Department.

The witness led in evidence by the prosecution counsel, Rotimi Oyedepo, SAN confirmed that he was in office when  contracts for vehicles contained in Exhibits F4 to F45, were approved.

The witness told the court that Toyota vehicles obtained at the cost of N99,900,000 was acquired by the CBN from April ”1616” Company Ltd through direct procurement .

Referring to Exhibit F5, Gana said two Toyota hilux were obtained at the cost of N23,100,000 each through selective bidding.

He said April 1616 company, was awarded the contract having placed the lowest bid and aligning with the CBN’s in-house estimate of the same sum.

Earlier, the witness had testified that at the CBN, contracts could be awarded through direct procurement or selective bidding.

He added, depending on the guidance of the Director of procurement department who works in team with the Deputy Director, the Head of Procurement(himself) and the procurement officer.

After his testimony, the prosecution counsel prayed the court to grant him an adjournment different from the earlier date of Oct. 22.

“I am appearing in a case filed by Kogi and 15 other states against the EFCC in the Supreme court on Tuesday,” he told the court.

The defence counsel, Matthew Burkaa, however, did not object to the prayer but pointed out that cost of movement was high now and such be considered.

Justice Hamza Muazu then adjourned the matter until Nov 13, for continuation and hearing of the application.

Earlier, the defence counsel, Burkaa, had opposed the prosecution’s amended additional proof of evidence served on them.

Burkaa challenged the process and manifestation of intent to call two witnesses who were not listed earlier.

He said the defence was not challenging the charge but bringing in of new witnesses to testify.

NAN reports that Emefiele was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023.

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Judiciary

Akinlade faults irregular dressing to court by law students externs

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Akinlade faults irregular dressing to court by law students externs

The Convener of the Duty Solicitors Network (DSN), Mr Bayo Akinlade, has urged legal practitioners to collaborate in educating law school externs on the proper dress code for court.

Akinlade spoke with the News Agency of Nigeria (NAN) on Monday regarding dress codes observed by some law school externs on court attachment.

NAN reports that students of Nigerian Law School have commenced their externship or court attachment, which is expected to run through several weeks.

These externships are compulsory for every law student before the bar final examinations.

According to him, some of these externs appear confused and have visibly drifted away from the acceptable mode of dressing provided by legal profession ethics.

Consequently, he called on legal practitioners to make it a duty to guide these externs on the proper dress code to court.

“When some lawyers dress inappropriately to court, I do my best to let them know as it reflects on their level of appreciation for ethics in this noble profession.

“For externs; it is sad to see some male externs wearing waistcoats without jackets or just plain whites with a black tie without jackets.

“The same goes for the female externs who wear a white blouse without a jacket.

“My concerns have been escalated several times to the law school which has consistently reiterated that the externs are required to wear a black jacket during their externship.

“It is unfortunate to still see some externs not properly dressed to court despite instructions from the law school,” he said.

He, therefore, urged senior lawyers, to join hands in leading the young law students on the right path, to preserve the ethics of legal practice.

“I would like to implore lawyers in practice to please correct improper dressings by externs and even colleagues and to ensure that even during chamber attachments, these externs wear the proper combination of attires.

“Until we are permitted or agree to wear our traditional cultural attire to court, the suit remains the standard,” he said.

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