Broadcasting

TSTV Seeks Court Protection to Prevent Irreparable Business Losses in Nigeria

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The legal team of Telecom Satellites Limited (TStv) has asked the Federal High Court in Abuja to grant its “restraining” requests to prevent the business from suffering irreparable losses in Nigeria, according to Nairametrics.

Bright Echefu,

This is detailed in its motion on notice marked FHC/CS/ABJ/665/2022.

The motion seeks protection from alleged further harassment by the Economic and Financial Crimes Commission (EFCC) over what it claims to be an investment issue with Mr. Kabiru Tanimu, former Minister of Special Duties and Inter-Governmental Affairs.

Applicant’s Motion

In the motion, the EFCC, Turaki, Tudu Ventures, and the Attorney General of the Federation are listed as defendants.

According to the applicant’s lawyer, Asiwaju Awomolo (SAN), his client was introduced to the ex-minister for the purpose of investing in and financing the purchase of equipment for its operations.

He submitted that, as part of the investment agreement, the ex-minister was allotted 50% of TSTV shares in his personal capacity.

He stated that Turaki was also appointed Chairman of the Board of Trustees, while his children were made directors of TSTV.

He argued that based on the share transaction, it was agreed that the ex-minister should finance a portion of TSTV’s business operations.

The lawyer stated:

“By the agreement of the parties, the 3rd defendant (Turaki) paid for transmission and broadcasting equipment directly to the foreign suppliers.

“The 3rd defendant thereafter facilitated another investment to boost the operations of TSTV (the applicant) through Tudu Ventures.”

The applicant then claimed that, surprisingly, on March 4, 2021, Tudu Ventures sued TSTV at the Federal Capital Territory High Court in Abuja for the recovery of Turaki’s investment.

The lawyer submitted that following the EFCC’s intervention in 2022, its officials have since been harassing, intimidating, and bullying TSTV’s officers, requesting them to produce the investment of the ex-minister and Tudu Ventures.

“If this application is not granted, TSTV and its officials will suffer irreparable loss, and their business may be jeopardized, as the individuals summoned are key officials who run the main activities at TSTV’s headquarters in Abuja and indeed in all its branches across the Federation,” the lawyer stated, asking the court to restrain the EFCC from harassing its business.

According to TSTV, it has commercial and contractual obligations to millions of viewers worldwide on a 24-hour basis, and the EFCC’s actions could cause a permanent interruption of the applicant’s transmission activities.

Reports said that the pending case would continue when the court returned from its vacation.

More insights

While TSTV’s motion is pending, the EFCC also has a fraud-related case against it and its Managing Director, Bright Echefu, among others, before another court presided by Justice Inyang Ekwo.

Count six of the charges alleges that Echefu defrauded Mr. Tanimu, MD of Kalsiyam Global and also former Minister of Special Duties and Inter-Governmental Affairs, of N380 million.

Other allegations state that the defendants allegedly contravened money laundering laws, including tax evasion, unremitted Value Added Tax (VAT), Company Income Tax, and Pay As You Earn (PAYE) deducted from the salaries of 165 staff members.

Echefu, the MD of Briechberg Investment Ltd, was accused of obtaining N150 million from Mr. Turaki Kabiru Tanimu, SAN, MD of Kalsiyam Farm, with the alleged intent to defraud.

In the matter before Justice Ekwo, TSTV and its MD claim the EFCC is trying to criminalize a civil transaction it had with the ex-minister.

What you should know

TSTV, a satellite TV company launched by Echefu, was expected to challenge the monopolistic tendencies of MultiChoice, owners of DStv and GOtv in Nigeria.

Touted as the first and only fully indigenous Pay-TV operator in the country, TSTV entered the industry on October 1, 2017, with appealing offerings that raised the hopes of many Nigerians. Indeed, its decision to launch on the country’s Independence Day was seen as symbolic of a declaration of ‘freedom’ in the Pay-TV industry. However, the company disappeared after the launch.

It made a comeback on October 1, 2020, promising to offer Nigerians the best Pay-TV experience. However, its service remained intermittent, leaving subscribers who had invested in the company’s decoders with constant complaints.

TSTV completely went off the radar again in March last year and has remained so to date without any explanation to the subscribers, aside from intermittent apologies for ‘technical glitches’ during its active days.

The cases before both courts are now within their purview to determine one way or another.

Credit: Nairametrics

 

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