Court nullifies NBC’s amended code
The court sitting in Lagos, on Thursday May 26, declared the proposed code illegal, null and void and ‘ultra vires’
According to the court presided over by Justice Ambrose Lewis-Allagoa, the NBC does not have the power to “prohibit exclusivity on and compel sub-licensing of privately acquired rights to television content as such is against the constitution and the copyright act.”
Recall that the controversial amendment was heavily criticized by notable filmmakers and Nollywood influencers.
IrokoTV boss Jason Njoku tweeted: “Nigeria Broadcasting Commission (NBC) in making exclusivity illegal, compelling sub-licensing of content and regulating price, are effectively turning private enterprise in state property. Interference distorts markets. If implemented, this 100% destroys PayTV in Nigeria.”
The lawsuit nullifying the code was filed by filmmaker Femi Davies who claimed that the Code violates his intellectual property rights.
Davies argued that if allowed, the amendment would destabilize the growth of content making industries and discourage true craft.
The NBC, on the other hand, insisted that the amendment was done in a bid to initiate growth and to protect “local operators, promote creativity and maximize local content via the anti-trust provisions contained in the amendment.”
