DSO: Court Bars NBC From Interfering On Nigeria’s Transition From Analogue To Digital, by Isaac Asabor

A High Court of the Federal Capital Territory presided over by Honourable Justice Mustapha Adamu, has barred all parties from interfering with Nigeria’s transition from analogue to digital television.

The court ruled on the Motion Ex Parte in suit NO FCT/HC/CV/442/2024 between the Nigeria Broadcasting Commission (NBC), 1OR, and the Set-Top Box Manufacturers Association of Nigeria (MAN).

This ruling on the motion for an interim injunction prohibits the Nigeria Broadcasting Commission (NBC) from interfering with or terminating the contract relating to Nigeria’s transition from analogue to digital terrestrial television while the court hears a motion on notice.

Dr. Ruben Atabo, arguing the motion ex parte for the Defendants, requested that the court prohibit NBC from interfering with or terminating the contract relating to the transition from analogue to digital terrestrial television in Nigeria pending the hearing and determination of the substantive suit.

The Claimants also requested an order prohibiting NBC from advertising its bid for a licence to switch from analogue to digital terrestrial television.

Furthermore, the claimants requested that the court suspend the granting of licenses to any company or individual to manufacture set-top boxes for the transition from analogue to digital until their case is fully resolved.

The plaintiffs in the case are Incorporated Trustees of the Association of Licensed Set-Top-Box Manufacturers of Nigeria, Gospell Digital Technology Ltd, Digitune Media Technologies, I-Box Engineering, Trefonics Electronics, and Tve-RLG Limited.

The grounds for their application are that NBC implemented a policy of transitioning from analogue to digital terrestrial television in Nigeria in 2012 and that they were granted licenses to participate in the programme in exchange for N50 million.

They claimed that they would be granted two years of exclusive rights to recoup their investment beginning with NBC’s switch-off date.

Claimants stated that they were authorised to manufacture one million set-top boxes specifically designed to switch from analogue to digital terrestrial television in Nigeria.

They claimed, however, that on August 22, 2024, the Director General of NBC, along with the Executive Vice Chairman of the National Communication Commission, issued a press statement announcing that the federal government had approved a sum of ten billion dollars for the transition from digital to analogue.

They alleged that the NBC Director General announced the discontinuation of the set-top boxes they produced in favour of Hybrid Android DTH Set Top Boxes with data connectivity functionalities, thereby terminating their existing contract.

Justice Mustapha Adamu, sitting in the FCT High Court in Maitama, after hearing the claimants’ counsel’s submission to restrain the NBC from unlawfully terminating their contract, ordered that the status quo be maintained by all parties, that the claimants serve the defendants with a motion on notice with respect to the injunction, and that the motion be heard on September 5.

In light of the court injunction, NBC is retrained from changing from the original approved Federal Government White Paper on Digital Terrestrial Television (DTT) switch over to any other new plan.

Furthermore, NBC is prohibited from changing the existing STB specifications as approved by the Digiteam, licensing any new STB manufacturers, or issuing new STB-type approval certificates.

Furthermore, NBC is restrained from advertising or issuing invitations to tender for the acquisition or supply of set-top boxes in Nigeria for the DSO until the case is decided.