Court Restrains NCC, Multichoice from Harassing Metro Digital Limited
A High Court in Port Harcourt has issued an order restraining the Director General of the Nigerian Copyright Commission (NCC) and their agents from further actions against Dr. Ifeanyi Nwafor, the Managing Director of Metro Digital Limited. The court’s decision, delivered by Justice Chinwendu Nwogu, protects Nwafor’s fundamental rights to personal liberty, freedom of expression and press, and freedom of movement, as enshrined in sections 35, 39, and 41 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Metro Digital had previously approached the court to compel Multichoice to sublicense channels to them for a fee, in line with the provisions of the National Broadcasting Code. This legal battle saw Metro Digital secure a favorable judgment from the Court of Appeal in Port Harcourt, affirming their rights and condemning the harassment by NCC and Multichoice.
Justice Nwogu stated that Metro Digital’s constitutional rights must be upheld without intimidation or harassment from the NCC, acting on Multichoice’s instigation. The court ruled that the NCC’s actions, aimed at arresting and detaining Dr. Nwafor based on alleged copyright infringement instigated by Multichoice, were violations of his fundamental rights, particularly given the pending appeal at the Supreme Court.
The court granted a perpetual injunction preventing the NCC and its agents from further harassment, arrest, or detention of Dr. Nwafor and from invading his company’s premises. This injunction emphasizes the importance of respecting legal processes and upholding individual rights while legal matters are under judicial consideration.
Additionally, the court awarded Metro Digital N30 million in general damages against Multichoice and imposed a 10% post-judgment interest per annum on the awarded amount until full payment, along with N500,000 in costs.
This ruling underscores the judiciary’s role in protecting the rights of citizens and businesses from undue harassment and ensuring that legal processes are adhered to. The judgment also highlights the ongoing legal conflict between Metro Digital and Multichoice, with implications for the broader broadcasting and copyright enforcement landscape in Nigeria.
