A movie producer Charles Uwagbai has dragged the National Broadcasting Commission, NBC before a Federal High Court sitting in Lagos over an alleged illegal amendment of the 6th edition of the broadcasting code.
In his deposition before the court, Uwagbai contended that the primary responsibility of the NBC includes establishing and disseminating a national broadcasting code and setting standards with regards to the contents and quality of materials for broadcast as stated in section 2 of its enabling statute.
He further contended that any reformation to the NBC and its codes can only be by amendments to the statute that created it and not by a purported approval of the president on the recommendation of the committee of NBC
Referring to several public notice on the amendment signed by NBC’s board and management, Uwagbai also argued that there is no organ known as ‘board’ and ‘management’ in the NBC act.
The ace movie maker is asking the court to among other things, make a declaration that the NBC being a statutory creation can only be reformed by legislative amendment to the Statute that created it and not by “approval of the President of the Recommendations of the Committee on the Reform of the National Broadcasting Commission and/or a “Public presentation of amendments of the 6th edition of the Broadcasting Code to stakeholders” by “the Board and Management of NBC”.
“A declaration that the power vested in the Defendant to establish and disseminate a national broadcasting code, under Section 2(1)(h) of the National Broadcasting Commission Act, Cap N11, Laws of the Federation of Nigeria, 2004, is exercisable only by a meeting and decision/resolution) of a Quorum of its stipulated members in Section 3 of the Act, and Rules 1, 4, 7, 8 and 11 of the First Schedule (“Supplementary Provisions Relating to the Commission”) to the Act;
“A declaration that the establishment and dissemination of a purported ‘Addendum to the 6th Edition of the Nigeria Broadcasting Code’ by the persons or bodies and/or through the process/procedure stated in the preface (at page 6) thereof is unknown to law, and therefore null, void and of no effect whatsoever and howsoever.
“An order setting aside the said “Addendum to the 6th Edition of the Nigeria Broadcasting Code” for constituting an abuse, by capture and subversion of the responsibility vested in the defendant under section 2 of the NBC Act.”
In the alternative to the declarations and orders sought, Uwagbai wants the court to grant an injunction restraining the Defendant from the dissemination or further dissemination or implementation of the purported “Addendum to the 6th Edition of the Nigeria Broadcasting Code”.
He is also asking the court to set aside the purported “Addendum to the 6th Edition of the Nigerian Broadcasting Code” in the absence of the required disclosure.
No date has been fixed for hearing of the suit.
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