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Femi Davies wins as court nullifies Lai Mohammed over broadcasting code

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The federal high court in Lagos has declared illegal the amended 6th edition of the national broadcasting code.

On August 4, 2020, Lai Mohammed, the minister of information, had launched the amended 6th edition of the code which has been criticised by industry stakeholders.

The code seeks to regulate content exclusivity, enforce content sharing and empower the National Broadcasting Commission (NBC) to determine prices at which content is sold to sub-licensees by rights holders.

In his ruling, on Thursday, Ambrose Lewis-Allagoa, the presiding judge, said the amendment of the broadcasting code are ultra vires, incompetent, null and void and perpetually restrained the NBC from implementing the document.

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The court also declared that the NBC does not have the power to prohibit exclusivity and compel sub-licensing of privately acquired rights to television content as such is against the constitution and the copyright act.

The ruling was delivered in a suit filed by Otunba Femi Davies, a Lagos-based journalist and movie producer, who had approached the court contending among other things that the amendment sought by the NBC to the 6th edition of the code violates his rights to own intellectual property and exercise exclusive rights on such.

On its part, the NBC submitted that the amendment to the broadcasting code was done to protect local operators, promote creativity and maximise local content via the anti-trust provisions contained in the amendment.

The commission also claimed that the amendment to the code was aimed at stimulating growth in the broadcasting industry by attracting foreign investment.

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But Davies argued, among other things, that if allowed, the amendment would greatly violate his right to a fair hearing and asked the court to uphold his six reliefs as set out in his originating summons.

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The reliefs include, “a declaration that the NBC lacks the requisite vires to prohibit exclusivity on privately acquired intellectual property right in program content of a right-holder viz-a-viz the salient provisions of the constitution and the Copyright Act.

“A declaration that the commission acted ultra-vires so far as it sought to regulate the practice of advertising in Nigeria contrary to the provisions of the extant Advertising Practitioners (Registration, etc) Act, 2004.

“A declaration that the commission acted ultra vires when it sought to retroactively compel right holders of programme content to compulsorily share extant rights acquired under existing licence under the proposed amendment to the 6th edition of the NBC code.

“A declaration that the commission acted ultra vires when it sought to retroactively compel right holders of programme content to compulsorily share extant rights acquired through a partnership and /or joint venture with an investor under the proposed Amendment to NBC Code.”

In his judgment, Lewis-Allagoa ruled that acquisition of exclusive rights to broadcast a particular programme is an investment for returns and no one should be forced to surrender the same when it is lawfully acquired.

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“I am in agreement with the plaintiff counsel that the said proposed amendment is a violation of the principle of fair hearing and natural justice,” the judge said.

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“I have determined the questions in the originating summon in favour of the plaintiff.

“For reasons given, consequently, all the reliefs sought by the plaintiff are granted as prayed. That is the judgment of the court.”

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Religion

CASON celebrates 10 years of professionalising church administration (Photos)

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The Church Administration Society of Nigeria (CASON) recently marked its 10-year anniversary with a grand celebration in Lagos. The event took place on September 25, 2023, at the Pistis Hub in Maryland, Lagos.

The theme of the anniversary celebration was “Professionalising The Practice Of Church Administration In Nigeria.”

The event featured esteemed speakers such as Prof. Ademola Tayo, the President and Vice Chancellor of Babcock University, Pastor Yemi Davids, the Lead pastor of Global Impact Church, and Mrs. Funke Amobi, the Deputy Head of Operations at Stanbic Bank Plc.
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CASON was established on the principle of leaders joining hands to effectively manage the resources entrusted to them by God.

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Pastor Sam Adeyemi, who gave the keynote address at the inaugural conference in 2013, commended Pastor Seyi Oladimeji, the President of CASON, for his unwavering commitment to the vision of the society.

Pastor Adeyemi highlighted that CASON is addressing cultural defects in church administration and bridging the gap between raw resources and refinement.

“There is no much use for raw without refinement, and this is a gap CASON is bridging,” he said.

Prof. Tayo emphasized the importance of innovation and capacity-building within the church. He stated that the church cannot afford to remain stagnant and must strive to maintain order and accountability in its administration.

“The church that lacks order and accountability may put the church administration in disarray,” Prof. Tayo said, “A church that runs smoothly when the GO is not around is a church of the future.”

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Other speakers echoed Prof. Tayo’s sentiments and stressed the relevance and necessity of CASON in Christianity.

In his goodwill message, Bishop STV Adegbite emphasized that the society plays a vital role in the development and advancement of church administration.

The anniversary celebration was a momentous occasion, reflecting the growth and impact of the Church Administration Society of Nigeria over the past decade. As CASON continues its mission to professionalize church administration in Nigeria, it is expected to contribute significantly to the advancement of the church and its effective management of resources.

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Ghana is looking to supply Nigeria with its electricity needs following power grid shutdown

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LAGOS- With the goal of achieving “100% universal energy access” and maybe exporting electricity to its neighbor, Nigeria, Ghana has steadily been developing its power sector.

During his presentation in Lagos on the second day of the Nigeria Energy Leadership Summit, Mr. Hanson Monney, the Head of the Generation and Transmission Unit at the Ghanaian Ministry of Energy, made this point, emphasizing that via effective policy development and implementation, Ghana has already attained an impressive 80% to 85% universal energy access inside its boundaries.

“So, we are working on all these things to make sure that the power system of Ghana continues to be as good as it is or even better, and then, maybe, we can be exporting more to our big brothers in Nigeria when the grid is finally settled,” Mr. Hanson Monney said

This declaration follows the second national power grid breakdown in Africa’s most populous country and the continent’s top oil producer, Nigeria which resulted in a total blackout of homes and businesses.

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In contrast, Ghana is aggressively pursuing a variety of energy sources, including grid electricity, mini-grids, and solar-dominated renewable energy, to attain “Universal access to energy by 2024” as instructed by the country’s President.

Monney agreed that the geographic limitations make it difficult to provide everyone in Ghana with access to electricity, particularly on isolated islands, riverbanks, or lakeside villages. In response to this, he stated,

“So, now, we are trying to scale our renewable energy access, and that is how we have planned in 2022 to scale up our renewable energy program,” he said.

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Financial sustainability is one of the biggest problems facing Ghana’s power sector, as the country struggles with growing debts and the purchase of surplus capacity.

“There is so much debt that the government has to shore up to make sure that the system is afloat because we have procured a lot of excess capacity, which comes with attendant costs. So, these financial challenges require some policy actions to eliminate legacy debts,” Mooney stated.

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Monney stressed the significance of lowering electricity prices, particularly for enterprises, since high electricity bills are a major issue in Ghana. “We saw that in Ghana historically. These industries have been subsidizing the residential sector, and it should be the other way around. Industries should remain viable so that businesses can thrive,” Mooney stated.

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Crime

EFCC declares Delta brothers wanted over alleged N330m fraud

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The Economic and Financial Crimes Commission has declared two siblings from Delta State wanted for alleged fraud of N330 million.

This was contained in a statement issued by the EFCC spokesperson, Wilson Uwujaren, copies of which were made available to journalists in Warri, Delta State on Friday.

The anti-graft agency named 55-year-old Faith Onoja and 44-year-old Emmanuel Onoja, both from Ughelli South Local Government Area of Delta State, as being declared wanted by the EFCC.

According to the commission, Faith’s last known address is “Close to Celestial Church, Ekrovie new layout, old Egini road, Orhuehorun, Delta State” while Emmanuel’s last known address is “No 6. Jasmison Street, NPDC/ND Western Estate, Warri, Delta State”.

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The statement urged that “anybody with useful information as to their whereabouts should contact the commission” in its offices nationwide.

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