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, and 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.
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 a 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, intimidated and harassed 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 Metro Digital Limited by the 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 restraint on the threat to arrest, detain and seize the Metro Digital Limited properties and those of his company.
The court gave an order of perpetual injunction restraining the 1st and 2nd respondents, their agents, 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 as unwarranted instigation by Multichoice Nigeria Limited on issues that have been settled by an extant court of appeal judgement in CA/PH/188/20221, and are subject of a pending appeal at the supreme court in SC/CV/1248/2021.
The court awarded the sum of N30,000,000, on general damage against the multichoice.
The court also awarded a 10 per cent post-judgment interest per annum against Multichoice in favour of Metrodigital until final liquidation, and N500,000 cost.
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