Firm sues NBC for allegedly delving into unauthorized matters

Flykite Production Limited, a private limited liability company, which deals in broadcast contents, has sued the National Broadcasting Commission (NBC) at the federal high court, Lagos for allegedly delving into matters, which it has neither the authority nor the competence for.

Matters such as regulation and control of commercial contracts to prevent monopoly, abuse of market dominance and price regulation are listed by the plaintiff as those which ought to be handled by the Federal Competition and Consumer Protection Commission (FCCPC), instead.

Plaintiff’s counsel, Adeyinka Olumide-Fusika (SAN), on behalf of the plaintiff, prayed the court to make a declaration that the development and promotion of fair, efficient and competitive market in the Nigerian economy is governed by the FCCPC Act (No.1) 2018, and that the general powers conferred on the defendant under Section 2 of the NBC Act to regulate and control the broadcasting industry in Nigeria does not include regulation of competition, monopoly situations and abuse of dominant market position.

The plaintiff further prayed the court to declare that the power conferred on the defendant in Section 2(h) of the NBC Act does not include the power to prescribe or determine the price or other commercial terms of supply or acquisition of the materials for broadcast.

Olumide-Fusika therefore prayed the court for an order to set aside every position, stipulation, rule or regulations of the defendant’s purported amendments to the 6th edition of the National Broadcasting Code concerning, dealing with, or touching upon the matters in question.

In a 17 paragraph affidavit, deposed to by Bamidele Temitope Johnson, the Chief Operating Officer of the Plaintiff, he affirmed that the firm is engaged in the business of conceptualisation, creation, production, acquisition, distribution and sale and marketing of broadcast contents.

“In particular, the plaintiff is the company that conceives, develops, organises, promotes and markets the popular and award-winning Gotv Boxing series aimed at revival of Boxing in Nigeria by investing in and promoting it at the grassroot level,” he deposed.

He also averred that the plaintiff also participates in the international sport broadcasting rights market.

According to him, the regulation of commercial transactions freely contracted between content owners and licensed broadcast houses do not feature in the statutory remit of the defendant.

“I know as of fact that the regulation of commercial transactions to promote competition, prevent anti-competitive contracts, restrain abuse of dominant market position, price regulation, and others are the remit of a different Commission”, he swore.