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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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Crime

Police arrest suspected killer of Abia varsity student

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The Abia State Police Command said it has arrested one Emmanuel Victor who allegedly killed a student of the Abia State University, Emmanuel Uche last March in a circumstance suspected to be a cult clash.

The state Police Public Relations Officer, ASP Maureen Chinaka, disclosed this in a statement on Thursday, on behalf of the state Commissioner of Police, Kenechukwu Onwumelie.

The statement read, “On 11/3/2024, a viral video surfaced depicting the murder of Emmanuel Uche, a 500-level student of Abia State University, in front of Miracle Lodge, Uturu.

“Acting on credible intelligence, today 18/4/2024, at about 1100hrs, a team of police detectives from Abia State Police Command apprehended the principal suspect at Isiukwuato who was captured in the viral video committing the murder of Emmanuel Uche at Miracle Lodge, Abia State University, Uturu.”

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The statement noted that the suspect “has confessed to the crime. He is currently in lawful custody and will be charged to court.”

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Crime

Alleged N84bn fraud: EFCC operatives storm Yahaya Bello’s Abuja home, ex-gov kicks

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Operatives of the Economic and Financial Crimes Commission have stormed the Abuja home of a former Governor of Kogi State, Yahaya Bello, located in Wuse Zone 4, Federal Capital Territory.

Photographs seen by our correspondent on Wednesday show some armed EFCC personnel laying siege to the ex-governor’s home on Benghazi Street, Wuse Zone 4, Abuja.

As of press time, our correspondent could not independently confirm the reason behind the siege on Bello’s home as the spokesperson for the EFCC, Dele Oyewale, did not respond to inquiries concerning the development.

However, the EFCC had earlier dragged Yahaya Bello, his nephew Ali, one Dauda Sulaiman, and Abdulsalam Hudu before Justice James Omotosho of the Federal High Court, Abuja, in an amended charge in March 2024 over an alleged N84bn money laundering.

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Reacting to the development, the ex-governor’s media office, in a statement, condemned the operatives’ actions while urging President Bola Tinubu to caution the EFCC.

According to the statement, the presence of the operatives in Bello’s residence negated the order of injunction granted on February 9, 2024, by the High Court of Justice, Lokoja Division, in Suit No. HCL/68M/2024 between Yahaya Bello v. EFCC, restraining the commission either by itself or its agents from harassing, arresting, detaining, or prosecuting him, pending the hearing and determination of the substantive fundamental rights enforcement action.

The statement read, “The EFCC was duly served with that order on February 12, 2024, and on February 26, 2024, the EFCC filed an appeal (Appeal No.: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello) against the said order to the Court of Appeal Abuja Division. The appeal was accompanied by a Motion for a Stay of Execution of the order of the High Court, which the Court of Appeal adjourned for hearing till April 22, 2024.

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“Furthermore, judgment in the substantive case between Alhaji Yahaya Bello and the EFCC will be delivered at 12 noon today in Lokoja.

“Contrary to all of the above, the EFCC has now laid siege to the home of H.E Yahaya Bello, seeking to arrest him in contravention of the extant orders!

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“It is a surprise that an agency led by a lawyer could flagrantly disobey a subsisting court order by taking actions contrary to the reliefs granted.

“We are aware of the total commitment of President Bola Tinubu’s current administration to the rule of law and can say categorically that the EFCC leadership might have offered the agency on a platter of gold to desperate politicians to convert it to their score-settling tool without minding the effect on its integrity and the image of Nigeria as regards the rule of law.”

The ex-governor’s media office further alleged that the anti-graft agency was plotting to embarrass and harass him through spurious allegations, especially the latest one dating back to September 2015, long before he assumed office.

The anti-graft agency, in the 17-count amended charge, accused Yahaya Bello of money laundering, breach of trust, and misappropriation of funds to the tune of N84,062,406,089.88.

The EFCC had claimed in the amended charge that the former governor was at large.

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Prior to the charge, the EFCC had arraigned Bello’s nephew, Ali Bello, before the Federal High Court sitting in Abuja for alleged money laundering involving N10bn belonging to the Kogi State Government.

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However, the state government faulted the charge, describing it as “ridiculous” and “laughable,” adding that it was impossible, as the former governor was not yet able to access or misappropriate state funds at the said time.

The state government, in a statement signed by the Commissioner for Information and Communications, Kingsley Fanwo, had on February 7, 2024, accused the EFCC of being “infested with persons whose intents disagree with the noble intention of ‘Mr. President’ to defeat corruption in Nigeria.”

Count one of the charges reads: “That you, Ali Bello, Dauda Suleiman, Yahaya Adoza Bello (still at large) and Abdulsalam Hudu (still at large), sometime in September, 2015 in Abuja, within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80,246,470,089.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit: criminal breach of trust and you thereby committed an offence contrary to Section 18(b) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended,” the EFCC said in a release sent to SaharaReporters.

“While ex-Governor Yahaya Bello and Hudu are still at large, Ali Bello and Suleiman, first and second defendants respectively, who were present in court “pleaded not guilty” to all the charges when they were read to them.

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Education

NYSC deploys 2,172 corps members to Bauchi State

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THE National Youth Service Corps (NYSC) has deployed no fewer than 2,172 corps members to Bauchi State for the 2024 Batch ‘A’ stream ll orientation exercise.

The NYSC Coordinator in the state, Mrs Rifkatu Yakubu, said this in an interview with Theheute on Tuesday in Bauchi.

According to her, registration of prospective corps members will start on April 17 and end at midnight on April 21 at the NYSC Permanent Orientation Camp, Wailo, in Ganjuwa Local Government Area.

She explained that the swearing-in ceremony of the prospective corps members would be conducted on April 23, while the orientation exercise would end on May 7.

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She also said each of the prospective corps members would be allowed into the camp only after they must have been adequately certified to be genuine graduates.

The coordinator said discreet screening of the corps members would be conducted as part of security measures to ensure that there was no intrusion or impersonation.

“Registration dates have been announced to the corps members, and they are advised to adhere strictly to all camp rules and regulations.

“Defaulters will be sanctioned in accordance with the scheme’s extant rules,” Yakubu said.

The state Coordinator also reiterated that the scheme frowned at late-night journeys and urged prospective corps members to avoid it for their own safety.

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She tasked them to be punctual and diligent and comply with the camp’s acceptable dress codes, adding that flouting the directive would be sanctioned.

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