AIT, RayPower FM back on air as court orders re-opening – TheNigerialawyer

The Africa Independent Television and RayPower FM shut down on
the orders of National Broadcasting Commission are back on air.

The two broadcast houses, shut down on Thursday, resumed
transmission Friday evening following an order by a Federal High
Court in Abuja on Friday.

The court ordered the NBC and other parties to a suit filed by
Daar Communications Plc, operator of African Independent Television
and RayPower 100.5 FM to maintain status quo.

Ruling on an ex parte application by Daar Communications Plc,
Justice Inyang Ekwo directed all the parties to maintain status quo
as of May 30, 2019, pending the determination of the plaintiff’s
application for an interlocutory injunction against the NBC and the
two other defendants – the Federal Ministry of Culture and
Information and the Attorney-General of the Federation.

The applicant had filed the ex parte motion on May 30 informing
the court that “credible information just reaching” it “has it that
the defendants have concluded plans to, in the next few days,
invade and shut down the premises of the plaintiff and/or part
thereof.”

But on Thursday, the NBC, through its Director-General, Dr
Modibbo Kawu, announced its decision to suspend the company’s
operating licences indefinitely.

Kawu stated that the infractions committed by the media houses
owned by Daar Communications included their inability to pay their
licence renewal fees and the airing of a presidential election
documentary while the matter was still before a tribunal, among
others.

At the Federal High Court in Abuja on Friday, Mr Benson Igbanor
of Chief Mike Ozekhome’s law firm moved the Daar Communication’s ex
parte application seeking to avert the suspension of its licences
by the NBC.

In his ruling delivered shortly after listening to Igbanor,
Justice Ekwo granted the order for parties to the suit to maintain
status quo, but refused to grant prayers 1 and 2 contained in the
applicant’s application.

The judge said such prayers could not be granted in the absence
of the defendants.

One of the prayers rejected by the court, sought “an ex parte
order of interim injunction” restraining defendants “from blocking,
jamming, stopping, removing from air and/or interfering with the
airwaves of the plaintiff/applicant in any way and manner
howsoever, in its broadcast and airing of news, views,
documentaries, or any other legitimate broadcast material that is
usually associated with television, radio or social media broadcast
pending the hearing and determination of the motion on notice filed
along with this application.”

The other prayer rejected by the court sought a similar order to
restrain the defendants “from invading the premises of the
plaintiff/applicant, 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.”

Justice Ekwo said the two prayers would not be granted without
hearing the defendants.

He, instead, ordered parties to maintain status quo and directed
the defendants to appear in court on June 13 to show cause why the
prayers rejected on Friday and as contained in a motion on notice
filed by the plaintiff, should not be granted.

A copy of the enrolled order made by the judge on Friday read in
part, “It is hereby ordered as follows:

“That prayers 1 and 2 on the motion ex parte cannot be granted
without hearing the other parties.

“An order is hereby made that parties shall maintain status quo
ante bellum as at May 30, 2019 pending the hearing and
determination of the motion on notice filed in this case.”

He added, “Defendants are hereby ordered to show cause on the
next date of hearing why the prayers on the motion on notice of the
plaintiff/applicant ought not to be granted.

“Case adjourned till June 13, 2019 for defendants to appear in
court and show cause as ordered.”

Meanwhile, the Federal Government had earlier on Friday come
under more attacks for suspending the licences of the African
Independent Television and RayPower FM operated by DAAR
Communications Limited, owned by the Peoples Democratic Party
chieftain, Raymond Dokpesi.

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