Cable Channels Slams N15bn Suit Against NBC, AGF

Cable Channels Nigeria Ltd has slammed a N15billion suit against the National Broadcasting Commission and the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN for revoking its licence.

By the suit, the plaintiff wants a declaration that it is entitled to be paid special damages by the National Broadcasting Commission for purportedly revoking its license.

Consequently, Cable Channels Nig Ltd is demanding the sum of $4, 771, 188.00 or the naira equivalent, being the sum which the NBC guaranteed to pay to the plaintiff, which covers a period of two years in respect of the cost incured by the plaintiff by entering into contractual agreement with SES Affiliate New Skies Satelites B.V,

which executed contract for the provision of services for the execution of an operation of the content aggregation license, less the sum of N80million paid to the plaintiff by the 1st defendant sometime in 2018.

More so, the plaintiff is seeking the payment of’ N10billion against the defendant as general damages as well as the sum of N5billion as examplary damages, and another N20million being legal fee incured by the plaintiff for the prosecution of the case.

The plaintiff is also seeking a declaration for the refund of the content aggregation license fee of N60million paid to the NBC in compliance with the content aggregation license, which was revoked by the 1st defendant through no fault of the plaintiff.

The plaintiff wants an order restraining the defendants, their agents, privies or anyone at all from using the Free TV, being a trade mark registered by the plaintiff from passing off the plaintiff’s Free TV mark.

At a resumed sitting on Tuesday, counsel to the plaintiff, Joshua Musa, informed the court that the subject matter of the case would be adversely affected “except your lordship in the equitable exercise of jurisdiction, will grant that status quo be maintained, as at June 22, 2018, pending the determination of the motion on notice”.

Musa informed the court that as contained both in the statement of claim and the affidavit, the issue at stake was that the license given to Cables Channel Nigeria Ltd was revoked by the National Broadcasting Commission with the intention of awarding it to another company.
“That is the crux of the matter” Musa said.

Though the defendants were not in court, however, the trial judge, Justice Ahmed Mohammed said the court would not take evidence from the bar.
Instead, Justice Mohammed directed the plaintiff’s counsel to file a further affidavit containing the list of untoward steps or actions taken by the defendants to over reach the court and render the matter nuggatory.

In a suit filed at the Federal High Court, Abuja FHC/ABJ/CS/785/2018, CCNL is pleading that the action of the 1st defendant, the National Broadcasting Commission (NBC) to revoke the Content Aggregation Licence granted to the plaintiff, CCNL, which it has been operating for over two years, is unjustified, unknown to law and thus a nullity.

It therefore prays the court to set aside the letter of revocation issued by the 1st defendant and the restoration of the licence with its constituents.

In the alternative, it is asking for a declaration that the revocation of the licence by the 1st defendant for no default of the plaintiff renders the licence fee paid by the plaintiff recoverable for total failure of consideration.

Meanwhile, Justice Mohammed haa adjourned the matter to November 19, for hearing of the plaintif’s motion for interlocutory injunction.