Broadcasting
Court Adjourns Ruling in Suit Challenging DStv’s New Rates
A Federal High Court in Lagos has further adjourned till May 28, 2015 to rule on the preliminary objection to a suit seeking the reversal of the recent 20 per cent increment on DStv subscription rate.
Two Lagos-based legal practitioners, Osasuyi Adebayo and Oluyinka Oyeniji, had filed the class action on behalf of themselves and all other DStv subscribers across the country.
The plaintiffs are seeking an order of the court restraining MultiChoice, the operator of DStv, from implementing the 20 per cent increment on DStv subscription rate which began on April 1, 2015.
But in opposition to the suit, MultiChoice, through its counsel, Mr. Moyosore Onigbanjo (SAN), had filed a preliminary objection, challenging the court’s jurisdiction and the competence of the plaintiff’s suit.
Following arguments from the parties on May 5, 2015, the presiding judge, Justice C.J. Aneke, had adjourned till Tuesday, May 21, to deliver ruling.
The ruling, which was ready, could however not be delivered on Tuesday, as a human rights lawyer, Mr. Ebun-Olu Adegboruwa, who had earlier sought to join the suit as a co-plaintiff, brought a fresh application seeking to opt out.
Adegboruwa had urged the court to allow him withdraw before the ruling so as not to be bound by the pronouncement of the court.
Both Mr. Yemi Salma, who appeared for the original plaintiffs and Mr. A.A. Kelani, counsel for the second defendant, the National Broadcasting Commission, said they were not opposed to Adegboruwa’s move to withdraw from the matter.
But counsel for MultiChoice, Mr. M.K. Adesina, said he was opposed to the hearing of Adegboruwa’s application because it was not yet ripe for hearing.
Adesina, who said he was only served with the application two days before and had not filed a reply, insisted that the business of the court on Tuesday was to rule on the preliminary objection, saying that every other thing must wait till after the ruling.
But Adegboruwa said he had already sought an abridgement of time to hear his application, adding that it would amount to reading the mind of the court if he agreed to wait till the ruling was delivered.
“My Lord, I object to the submission by my learned friend, Mr. Adesina, that this application can only be taken after the ruling because that will be like reading the mind of the court; the ruling of this court could go one way or the other and I don’t want to be bound by it; that’s why I have come before your Lordship to withdraw,” Adegboruwa argued.
Upon hearing out the parties, Aneke adjourned till May 28 to hear Adegboruwa’s application to opt out and to rule on MultiChoice’s preliminary objection.
The plaintiffs are seeking a court order to compel the NBC to regulate the activities of MultiChoice so as to prevent what they described as arbitrary increment in subscription rates.
They specifically want an implementation of the pay-per-view scheme in Nigeria, whereby subscribers would only pay for programmes they watched, as was being done in other parts of the world where MultiChoice operated.
But MultiChoice, through its lawyer, Onigbanjo, argued that the plaintiffs had no cause of action, adding that a court did not have the power to regulate the price of services that a business was offering to its customers.
“My Lord, the country, Nigeria, operates a free market economy; neither the government nor the court can regulate prices. How do you now say, for instance, that one bread is more expensive than the other and then ask the court to order the baker of the more expensive bread to go out of the market?,” Onigbanjo said.
He pointed the attention of the court to MultiChoice’s conditions or terms of agreement, especially clauses 40 and 41 stating that “Multichoice Nigeria may, from time to time, change the fees payable to Multichoice Nigeria for the Multichoice Service by way of general amendment.”
The senior lawyer argued further that there was no existing law in Nigeria empowering the NBC to regulate the prices of services that satellite television operators in the country were offering to their customers.
“The NBC Act does not say that any satellite television operators in the country cannot increase their prices.
“I therefore humbly ask that the plaintiffs’ suit be struck out for being grossly unmeritorious. We will not be asking for cost because they are our subscribers,” Onigbanjo had submitted while moving the preliminary objection on May 5.
Broadcasting
NLC Shuts Lagos TV, Radio Stations over non-Implementation of N85,000 Minimum Wage
Nigeria Labour Congress (NLC), Lagos State chapter has shut down normal operations of Lagos Television, Eko FM/Radio Lagos and Lagos Traffic Radio in protest over the non-implementation of the N85,000 minimum wage to workers,
NLC, in collaboration with workers of the three broadcast stations under the aegis of Radio, Television, Theatre and Arts Workers Union of Nigeria (RATTAWU), on Monday picketed the station.
The workers, few weeks ago, had notified the management of the three stations of their readiness to down tools following the failure of the stations to implement the minimum wage being implemented by the Lagos State Government.
The workers were seen on Monday morning blocking the entrance and exit to the Agidingbi complex of the broadcast stations, displaying placards.
The placards with various inscriptions read, “Oracle is the answer, it’s all we need”, “Pay us minimum wage,” among others.
Speaking with newsmen, Comrade Funmi Sessi, chairman of NLC, said the protest was peaceful to draw the attention of the management to the demands of workers.
“We started in a peaceful manner, and we are going to end it in a peaceful manner. No body is going to push us the wall.
“I assure everybody that we shall be peaceful because we are Lagosians.
“We are here this morning you can see the workers of government in communication departments that is LTV, Eko FM, Traffic Radio, all here to show their displeasure against the injustice that is been meted out to them.
“They work to the best of their abilities and now at the receiving end by being shortchanged. And not receiving the new minimum wage as being approved and agreed by the law set by the Federal Government of Nigeria
“This is an injustice to the set of workers. The managements have been given the mandate to pay the minimum wage has been announced by the Lagos State Government. They are Lagos State workers.
“Since the government has commenced implementation of the N85,000 minimum wage since November, they have never collected the minimum wage.
“The arrears of the three months and the 13th months; they have not been enjoying the benefits. So, why this disparity for these set of workers even in the face of this hardship?
The leadership of their union had engaged the management previously. They gave a-21-day notice to dialogue.
“After several engagements with managements, they gave 14 days, then seven days. They followed due process, yet there was no resolution. Now when they saw that the workers are resolute to fight for their right, they are saying sheathe your sword.”
Comrade Sessi noted that the state governor had been doing a lot by showing compassion on workers, urging him to prevail on the management to do the needful.
“Though, the governor has been doing a lot and showing empathy to workers, we are hereby appealing to him to prevail on the management to do the needful and avoid unnecessary disruption to operations in the interest of the majority.
“We will sustain this struggle until the government listens and takes appropriate action on these demands,” she said.
Broadcasting
New WAEC Program Offers Faster Route for Students to Improve WASSCE Grades
West African Examinations Council (WAEC) in Ghana, has announced a new initiative, which will allow students to resit their WASSCE papers as early as January and February 2025.
This is a change from the norm in Ghana, where candidates had to wait for the next private exam cycle.
The Head of Public Affairs at WAEC, John Kapi, disclosed this while speaking on JoyNews’ AM Show in Ghana.
He explained that the new programme, referred to as WASSCE PC1, provides a faster route for students to improve their grades.
“Students who access their results now and realise they need to resit one or two papers have until 8th January to register online through our website or at WAEC-accredited internet cafés. The exams will take place from 24th January to 15th February 2025,” Mr Kapi stated.
According to him, to aid candidates in their preparations, WAEC plans to expedite the release of chief examiners’ reports, saying, “These reports will provide detailed feedback on where students may have gone wrong and how they can better approach their studies and the examination process.
“We’ve advertised this programme widely through banners, our website, and our results checker platform to ensure that both students and parents are aware,” Mr Kapi added.
He said students whose results have been cancelled are also eligible to sit the WASSCE PC1 exams, provided they have not been banned for some years for malpractice.
“For now, the exams will be conducted in regional capitals due to the limited number of candidates. Prospective participants are urged to complete their registration by the 8th of January to take advantage of this opportunity.”
WAEC, however, expressed optimism that this initiative will allow candidates to quickly improve their grades and qualify for the next cycle of admissions, avoiding a year-long delay in their academic progress.
Broadcasting
NBC Okays Radio Station for CMCM
Christ Miracle Church Mission (CMCM) in Ojodu Berger, Lagos, has received approval from the National Broadcasting Commission (NBC) to operate its new state-of-the-art radio station.
The commission said the radio was ready to commence transmission after expressing satisfaction with the facility.
Mr Raphael Akpan, zonal director, NBC, stated this while leading a team of officials on an assessment tour of the radio station.
During the visit, the officials inspected the studio area, the transmitter, the inverter, the mast, the generator, and other important places.
After the tour, the zonal director spoke with reporters and expressed his pleasure at the church being granted a broadcast license to operate a radio station. He noted that this would enhance the church’s voice in the community.
The director also mentioned that the purpose of his visit was to ensure that proper procedures are followed and that the content broadcast adheres to current laws.
Akpan praised Prophet Peter Abiola Adebisi, founder of the church, along with the church council for their initiative to establish the radio station.
“From our observation, we can say that the CMCM Champion broadcasting network 90.7FM is ready for transmission.
“It is our prayer that this radio station will go places,” he said.
The zonal director emphasized the importance of proper training for the personnel working at the radio station.
He encouraged them to familiarize themselves with relevant sections of the National Broadcasting Code to ensure they are well-informed.
It is vital for studio managers to engage in self-reflection regarding their adherence to the standards outlined in the Code.
“The operators in the studio should thoroughly understand the various sections of the NBC, which cover broadcasting standards, commercials, engineering, and more,” he stated.
Prophet Adebisi commended the NBC management for granting the church permission to operate the radio station.
He mentioned that the station would promote church programs and policies, share the CMCM story with the world, train members, who have a passion for broadcast journalism, and create employment opportunities for them, among other benefits.
Additionally, Adegbie Taiwo Jordan, chief executive officer of the station, assured that the operators would comply with all broadcasting regulations set by the regulatory agency.
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