AIT, RayPower FM back on air as court orders re-opening

The Africa Independent Television and RayPower FM shut down on the orders of National Broadcasting Commission are back on air.

The two broadcast houses, shut down on Thursday, resumed transmission Friday evening following an order by a Federal High Court in Abuja on Friday.

The court ordered the NBC and other parties to a suit filed by Daar Communications Plc, operator of African Independent Television and RayPower 100.5 FM to maintain status quo.

Ruling on an ex parte application by Daar Communications Plc, Justice Inyang Ekwo directed all the parties to maintain status quo as of May 30, 2019, pending the determination of the plaintiff’s application for an interlocutory injunction against the NBC and the two other defendants – the Federal Ministry of Culture and Information and the Attorney-General of the Federation.

The applicant had filed the ex parte motion on May 30 informing the court that “credible information just reaching” it “has it that the defendants have concluded plans to, in the next few days, invade and shut down the premises of the plaintiff and/or part thereof.”

But on Thursday, the NBC, through its Director-General, Dr Modibbo Kawu, announced its decision to suspend the company’s operating licences indefinitely.

Kawu stated that the infractions committed by the media houses owned by Daar Communications included their inability to pay their licence renewal fees and the airing of a presidential election documentary while the matter was still before a tribunal, among others.

At the Federal High Court in Abuja on Friday, Benson Igbanor of Chief Mike Ozekhome’s law firm moved the Daar Communication’s ex parte application seeking to avert the suspension of its licences by the NBC.

In his ruling delivered shortly after listening to Igbanor, Justice Ekwo granted the order for parties to the suit to maintain status quo, but refused to grant prayers 1 and 2 contained in the applicant’s application.

The judge said such prayers could not be granted in the absence of the defendants.

One of the prayers rejected by the court, sought “an ex parte order of interim injunction” restraining defendants “from blocking, jamming, stopping, removing from air and/or interfering with the airwaves of the plaintiff/applicant in any way and manner howsoever, in its broadcast and airing of news, views, documentaries, or any other legitimate broadcast material that is usually associated with television, radio or social media broadcast pending the hearing and determination of the motion on notice filed along with this application.”

The other prayer rejected by the court sought a similar order to restrain the defendants “from invading the premises of the plaintiff/applicant, or closing down the said premises, its operations or broadcast services, pending the hearing and determination of the motion on notice filed along with this application.”

Justice Ekwo said the two prayers would not be granted without hearing the defendants.

He, instead, ordered parties to maintain status quo and directed the defendants to appear in court on June 13 to show cause why the prayers rejected on Friday and as contained in a motion on notice filed by the plaintiff, should not be granted.

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