The Port Harcourt Division of Appeal Court, yesterday, reportedly ordered MultiChoice, owners of DSTV and GoTV, to sub-license some television channels to Metro Digital Limited, within 21 days, according to the Nigerian Broadcasting Commission’s (NBC) code.

This came as Toyin Pinheiro, Principal Partner, C.O. Pinheiro and Co. Law Practice, legal representatives of MultiChoice Nigeria, faulted the report, saying it was a misrepresentation of the judgment of the court.

According to the report, the judge, Justice Olabode Abimbola Adegbehingbe, in his ruling, stated that the lower court erred when it dismissed the suit of the appellant (Metro-Digital) after the appellant proved the existence of the dispute between itself and the first respondent (Multichoice.)

Joined in the suit are Multichoice as the first respondent while NBC and the Ministry of Information and Culture are second and third respondents respectively.

Justice Adegbehingbe urged the second respondent (NBC) to compel MultiChoice to follow the court order within 21 days.

The judge further ruled that the continued failure of NBC as a regulatory body to issue directives to complaints by the appellant after receipt of his complaints was a breach of its statutory duty and has frustrated the appellant’s business and infringed on its rights.

“It is my conclusion that the lower court erred when it struck out the name of the third respondent on the suit.

“The lower court also erred when it dismissed the suit of the appellant when the appellant proved the existence of the dispute between himself and the first respondent, which should have been reserved for determination of the second respondent.”

Speaking after the court session, counsel for the appellant, Anaetochukwu Nworgu, said the ruling was justice for all citizens of Nigeria.

Counsel for the first respondent, Prof A. Amuda-Kannike, SAN, said they would likely go to the Supreme Court to challenge the constitutional validity of the NBC code.

BUT Pinheiro described as incorrect the reports suggesting that the Court of Appeal had ordered MultiChoice to sub-license some of its channels to Metro Digital Limited, a cable television service provider.

He said: “The report is a misrepresentation of the judgment of the Court of Appeal, Port Harcourt Division, delivered on July 13, 2022. The court only directed the National Broadcasting Commission (the 2nd Respondent) to constitute a panel within 21 days to look into the complaints of Metro Digital Limited.

“The Court of Appeal, Port Harcourt Division, dismissed the reliefs prayed by Metro Digital Limited, seeking to compel MultiChoice Nigeria Limited to sub-license some channels to Metro Digital Limited.”

“The general public is hereby informed to disregard the incorrect reportage,” Pinheiro stated in the disclaimer.