Court Orders NCC, Multichoice To Stop Harassing Metro Digital Limited

A High Court in Port Harcourt has ordered that the Director General of the Nigerian Copyright Commission (NCC) and their agents refrain from further inviting, arresting, harassing, or intimidating Dr. Ifeanyi Nwafor, the Managing Director of MetroDigital.

The presiding judge, Justice Chinwendu Nwogu, stated in an order on Saturday that Applicant Ifeanyi Nwafor, as a Nigerian citizen, is entitled to his fundamental rights to personal liberty, freedom of expression and press, and freedom of movement, as guaranteed by sections 35, 39, and 4 of the 1999 constitution of the Federal Republic of Nigeria as amended.

It should be noted that Metrodigital approached the court to compel Multichoice to sublicense channels acquired for a fee, by the provisions of the National Broadcasting Code.

Metrodigital was able to obtain a favourable decision from the Court of Appeal in Port Harcourt.

The appeal court ruled that the Metrodigital company had the constitutional right not to be threatened, intimidated, or harassed by the (1st respondent), the Managing Director NCC, and the (2nd respondent), the Nigeria Copyright Commission, in response to the unwarranted instigation by the 3rd respondent, Multichoice Nigeria Limited.

The court ruled that the invitation issued by the Nigeria Copyright Commission to Metro Digital Limited to arrestdetainining the applicant in response to Multichoice Nigeria Ltd’s unwarranted instigation to answer allegations of alleged copyright infringement while an appeal to the Supreme Court was pending was a violation of his fundamental constitutional rights to personal liberty and freedom of movement.

The court ruled that the threat of innovation of a criminal provision of the Copyright Act could not be used to arrest, detain, or seize Metro Digital Limited’s and his company’s assets.

The court issued a perpetual injunction prohibiting the first and second respondents, their agents, prices, and any NCC officer from further inviting, intimidating, arresting, harassing, or detaining the applicant or invading his company premises.

The court declared on the unwarranted instigation by Multichoice Nigeria Limited on issues that have been settled by an existing court of appeal judgement in CA/PH/188/20221, and are subject to a pending appeal at the supreme court in SC/CV/1248/2021.

The court awarded N30,000,000 in general damages against Multichoice.

The court also ordered Multichoice to pay Metrodigital a 10% post-judgment interest per year until final liquidation, as well as N500,000 in costs.