* Mba


By Christy Nnochiri

The  National Broadcasting Commission, NBC Director-General, Mr. Emeka Mba claims lack of funds, planning are reasons why Nigeria failed to  meet the International Telecommunications Union, ITU, deadline on digital switch-over from analogue transmission.

But Mba fails to tell Nigerians, that he has not set up  regulations or guidelines for the regulatory body to ensure a seamless transition from analogue to digital terrestrial broadcasting transmission.

 Mba  claims  that the major reason why Nigeria was not able to switch-over  was due to late planning, and absence of funding for infrastructure and Set-Top Boxes.
Indeed, from  all indications, unless immediate action-plan is put in place, the new deadline of June 20, 2017, for the switchover may pass by and nothing would be achieved.
Currently, the broadcasting regulatory body and Mba are  enmeshed in a costly litigation where both parties are  being accused of   engendering confusion in the sector, flouting due process, undermining transparency, regulatory integrity and public trust
In suit no FHC/CV/2014, at the Federal High Court, Abuja Division, Pinnacle Communications Limited,  licensed as the second terrestrial digital signal distributor and carrier,  NBC and Mba are accused of breaching the rules and regulations set out in the Federal Government White Paper  On Transition  From Analogue To Digital  Terrestrial Broadcasting In Nigeria, April 2012.
Pinnacle Communications, the plaintiff in the suit further alleged that NBC and Mba had been  acting   arbitrarily, without due process and contrary to the rules, regulations, terms and conditions in the bid document, the Request For Proposal, RFP, and advice of the Presidential Advisory Committee on analogue to digital switchover.
Other defendants in the suit includes the Attorney-General of the Federation; MTS Communications Limited; Details Nigeria Limited, (GoTV); and NTA-Star Network Limited, (Startimes)
Pinnacle Communications Ltd in its statements of claims argued that NBC and Mba flouted its own RFP rules by awarding  a single license for terrestrial signal distribution, satellite direct to the home (DTH) and content aggregation services  to MTS Communications Limited, the license according to the bid contract that  was meant to be exclusive to Pinnacle Communications Ltd
NBC and Mba also  issued same license to GoTV , subsidiary of Multichoice  for both content production and terrestrial signal distribution contrary to FG White Paper and RFP on the subject matter
NBC and Mba cited as first and second defendants in the suit  also issued authorisation to Startimes to carry on business  as terrestrial signal distributors.
Pinnacle Communications Ltd arguing its case stated that the FG White Paper recommended that Only two signal distributors are to be licensed initially  until market conditions require additional signal distributors as the Market cannot sustain or accommodate more than two terrestrial signal distributors, as confirmed by FG, Digiteam – Presidential Advisory  Committee and NBC – thus arriving at decision to award only two licenses initially
Pinnacle further stated that NBC and Mba  offered it  a provisional terrestrial digital signal distribution  license instead of  a full license in accordance with the licensing framework
Pinnacle  which further accused Mba of abusing public trust and acting in such a manner to favour GoTV where he appears to have interest  are asking for damages of N1, 274,076,00 – One trillion, two hundred and seventy-four billion, seventy-six million naira; Refund of costs and expenses; Exemplary damages of N10 billion for exemplary damages for fraudulent manipulation of an open bidding process and manipulation of public trust in regard too licenses, approvals  and or authorisations. The next hearing of the suit has been fixed for October 20, 2015  

Nigeria is among the 52 other Afri­can countries that belong to the Re­gion One of the ITU, that have failed to meet the June 17, 2015 deadline to complete the implementation of their transition programmes from analogue to digital terrestrial television dead­line.