Court grants interim order halting DSO process

A Federal Capital Territory (FCT) High Court, Abuja has restrained the National Broadcasting Commission (NBC) from issuing licence to any new Set-Top Box manufacturer in the Digital Switch Over (DSO) processes.

The court presided over by a vacation judge, Justice Mustapha Adamu also restrained NBC from changing the existing STB specifications as approved by the Digiteam or issuing new STB type approval certificate.

The order of interim injunctions were granted in a ruling in a Motion Ex-parte in suit No:- FCT/HC/CV/442/2024, filed against NBC and Inview Technology Ltd.

The plaintiffs in the suit are, Incorporated Trustees of the Association of Licensed Set Top Boxes Manufacturers of Nigeria, Gospell Digital Technology Ltd, Digitune Media Technologies, I-Box Engineering, Trefonics Electronics and Tve-RLG Limited.

They had alleged a breach of contract against the respondents in the DSO programme – process of transiting from analogue to digital television broadcasting.

The plaintiffs predicated their application on the ground that NBC initiated DSO process in Nigeria in 2012 and that they were granted licences to participate in the programme upon payment of N50 million to the commission.

They asserted that they were to be given two years of exclusive rights to recoup their investments from the date of the switch-off of analogue broadcasting by NBC.

The Claimants stated that they were authorised to manufacture one million set-top boxes specifically designed to switch off analogue to digital terrestrial television in Nigeria,

They, however, claimed that on Aug. 22, 2024, NBC issued a press statement with the National Communication Commission that the federal government had approved the sum of N10 billion for the take-off of the switch over.

They alleged that the NBC Director General announced the jettisoning of the set-top boxes they manufactured in favour of Hybrid Android DTH Set Top Boxes with data connectivity functionalities, thereby terminating their subsisting contract.

Arguing the motion ex-parte of the plaintiff, Dr Ruben Atabo prayed for an order of the court to restrain NBC from interfering or terminating the contract pending the hearing and determination of the substantive suit before the court.

The Claimants also sought for an order stopping NBC from advertising the bid for licence to transit from analogue to digital terrestrial television.

Furthermore, the claimants urged the court to stop the granting of licences to any company or individual to manufacture set- top boxes for the transition of switch-off of analogue to digital until their case is fully disposed of.

After listening to the submissions of the claimants’ counsel, the vacation judge ordered status quo to be maintained by all the parties.

He directed the claimants to serve the defendants with a motion on notice with respect to the injunctions.