By Olukayode Idowu
A High Court sitting in Port Harcourt, has restrained the Director General Nigerian Copyright Commission, Nigerian Copyright Commission(NCC), or their agents from further inviting, arresting, harassing, intimidating Dr. Ifeanyi Nwafor, the Managing Director of MetroDigital.
The presiding judge, Justice Chinwendu Nwogu, on Saturday in an order said that the Applicant Ifeanyi Nwafor as a Nigerian citizen is entitled to enjoy his fundamental rights to personal liberty, freedom of expression and press, and freedom of movement, which was guaranteed under section 35, 39 and 4 of the 1999 constitution of the federal republic of Nigeria as amended.
It would be recalled that Metrodigital company approached the court to compel Multichoice to sublicense channels acquired to it for a fee, in accordance with the provisions of the National Broadcasting Code.
Metrodigital was able to secure judgement in her favour from the Court of Appeal in Portharcourt.
The appeal court said that the Metrodigital company had the constitutional right not to be threatened, without intimidation and harassment by the (1st respondent),the Managing Director NCC and the (2nd respondent), Nigeria Copyright Commission on the unwarranted instigation by the 3rd respondent, Multichoice Nigeria Limited.
The court declared that the invitation of the Metro Digital Limited by Nigeria Copyright Commission for the purpose of arresting and detaining the applicant on the unwarranted instigation by Multichoice Nigeria Ltd to answer for the allegations over alleged infringement of copyright was pending an appeal of the supreme court was a violation of his fundamental rights to personal liberty and freedom of movement as guaranteed by the constitution.
The court declared restrain the treat of innovation of criminal provision of the copyright Act to arrest, detain and seizure of the Metro Digital Limited properties and those of his company.
The court gave an order of perpetual injunction restraining the 1st and 2nd respondent, their agents, prices or any officer of NCC from further inviting, intimidating, arresting, harassing, or detaining the applicant or invading the applicant and his company premises.
The court declared on the unwarranted instigation by the multichoice Nigeria Limited on issues that have been settled by an an extant court of appeal judgement in CA/PH/188/20221, and subject of a pending appeal at the supreme court in SC/CV/1248/2021
The court awarded the sum N30,000,000, on general damage against the multichoice.
The court also awarded a 10 per cent post judgement interest per annum against Multichoice in favour of Metrodigital until final liquidation, and N500,000 cost.