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NBC / AIT Faceoff Resolved

by Our Reporter
Following the suspension of the Broadcast License of  DAAR Communications Plc., owners of Africa Independent Television (AIT) and Ray Power FM by the National  Broadcasting Commission ( NBC ), the President of the Nigerian Press Organisation ( NPO ) comprising of the Newspapers Proprietors Association of Nigeria (NPAN), Broadcasting Organisations of Nigeria ( BON ), The Nigerian Guild of Editors ( NGE) and The Nigerian Union of Journalists ( NUJ), convened a meeting of all parties to resolve the issues in the national interest.
The meeting hosted at 8PM, on Sunday 9th of June, 2019, by elders and patrons of NPO, Mallam Ismaila Isa Funtua and Uncle Sam Amuka, had the following in attendance:
1. Ishaq Modibbo -Kawu – Director General & CEO, NBC;
2. High Chief Raymond Dokpesi, Founder and Chairman Emeritus, DAAR Communications Plc;
3. Raymond Dokpesi, jnr, Chairman of the Board, DAAR Communications PLC;
4. Mr Tony Akiotu,  GMD, DAAR Communications Plc;
5. Mrs Tosin Dokpesi , MD, AIT;
6. Barrister Donatus Anopuo – Company Secretary DAAR Communications PLC;
7. Uncle Sam Amuka, Publisher, VANGUARD Group;
8. Mallam Ismaila Isa, Patron NPAN and
9. Nduka Obaigbena, President NPAN and President NPO.
At the meeting the National Broadcasting Commission (NBC) restated their commitments to freedom of expression and the constitutionally guaranteed role of the media under sections 22 and 39 to hold governments accountable, which states amongst others that  the press, radio, television and other agencies of mass media are to uphold the fundamental objectives contained in the 1999 constitution and ensure the responsibility and accountability of the Government to the people.
The NBC also raised concerns about the non-adherence of the DAAR Communications group (AIT/Ray Power) to the Nigeria Broadcasting Code, despite repeated interactions on same; the NBC then cited lack of editorial balance by DAAR Communications  as well as the lingering issue of non-payment of national network license fees by DAAR Communications.
DAAR Communications Plc. defended its position saying it gives its team freedom to make editorial commentary on issues of the day relying on Section 39 of the Nigerian Constitution guaranteeing freedom of Expression, freedom to hold opinions and to receive and impart ideas without interference.
DAAR stated it had made some payments on account to the NBC but acknowledged that there were some defaults in the payment plan they submitted to the NBC, and explained that the defaults were due to decisions jointly reached at BON meetings by all broadcasters to engage and renegotiate the cost of license fees with NBC, in view of the current difficult economic realities affecting the industry. But the NBC insists that license fees are statutory and thus non-negotiable.
After an exhaustive dialogue, all parties RESOLVED as follows:

1. DAAR Communications Plc. will work out a new realistic payment plan with the National Broadcasting Commission (NBC) and ensure prompt payments in accordance with the new plan;
2. DAAR Communications Plc. will appoint an Ombudsman to ensure balance in its news coverage especially political commentary; it will also take full editorial responsibility for the use of content sourced from social media outlets;
3. Following this NPO statement, The NBC will immediately lift the suspension of the broadcast license of DAAR Communications Plc;
4. DAAR Communications Plc. will withdraw its case in court, against the National Broadcasting Commission (NBC) and;
5. All parties will take necessary steps to work together to build confidence in the public interest.

Very Many Thanks!

Nduka Obaigbena
Chairman & Editor-in-Chief, THISDAY / ARISE Group,
President NPAN,
President , NPO.
www.thisdaylive.com  www.arise.tv

N3.6bn Fraud:  How Omatsuli, Co-defendant Receive Money through Company Account- Witness

The trial of Touyo Omatsuli, a former Executive Director on Projects, Niger Delta Development Commission, NDDC, and Francis Momoh resumed today, Monday 10th June, 2019 at the Federal High Court before Justice Saliu Seidu sitting in Ikoyi, Lagos.

At today’s proceedings, a prosecution witness, Ibinabo Micheal West told the Court how he transferred in tranches the total sum of N3.6 billion to the fourth defendant company, Building Associate Limited, owned by the second defendant, Francis Momoh on the instruction of the first defendant, Touyo Omasuli.

Ibinabo West, a business man working in PortHarcourt futher told the court that he was awarded a contract with the Niger Delta Development Commission, NDDC, to recover debt owed by the oil companies operating within the Niger Delta region.

“The oil companies were to remit a three percentage annual budget to the NDDC which they were not remitting in full rather they were doing it at will. My services and company Starline Consultancy Services was awarded the contract to recover the debt owed the Commission by the oil companies and I was given a four years mandate. I was also going to be paid ten percent of the recovered money”.

Testifying further, Ibinabo said “I recovered over One Hundred Billion Naira, and I was paid about Twelve Billion Naira. While I was receiving payments, I was approached by the then Executive Director Finance, directing my attention to the harassment by the Niger Delta Youth, that they sometime lock up their gates and made several demands, so he said in order to cushion the effects on them, each time I am paid, I should appreciate them, so they can reach out to the youths”.

“A Diamond Bank account was sent to me belonging to Building Associate Limited and I transferred a total amount of N3.6 Billion Naira to that account in tranches.

Ibinabo, who is the fourth prosecution witness, also told the court that his attention was drawn by the then Executive Director of Finance that the EFCC was investigating the works of NDDC and Starline Services. “The first defendant called me, that he would send the third defendant and I should give a sub consultancy make up Letter to Building Associate Limited, which was to explain the money I gave to them, to reach out to the youth and I obliged”.

The Sub Consultancy make up letter, Offer of Contract Letter and Acceptance Letter we’re tendered by the prosecution counsel, Ekene Iheanacho, and admitted in evidence by the court.

Ibinabo, during cross-examination by the defence, told the court when asked if all the money paid to him by NDDC was proceeds of crime. He responded, that the money was earned, as he worked for it, and the money he paid for the Niger Delta youth, are not illegal funds, or money used to bribe NDDC officials to release  his funds, and the said money was not paid directly into the first defendants accounts.

Counsel to the second, third and fourth defendant, Norrison Quakers, during cross examination asked the witness if he knew him and how? The witness told the court that he knows the SAN, while at EFCC office, “I, the first defendant and the third defendant were asked to bring a SAN to take us on bail, so i paid  the SAN to take the third defendant on bail as i already had another SAN taking me on bail”.

He further asked if he made a statement at the EFCC office. Ibinabo admitted that he made statements to the EFCC when he was invited by the Commission, the counsel sought to tender the statements made at EFCC. Justice Seidu admitted it in evidence and marked it exhibit ET 09 A & B.

The witness further told the court that he wrote in his statement that the Director of Finance instructed him to pay the money into Building Associate Limited account, he told the court that he participated in the bid to get the contract for the recovery of the debts, as he has another oil Company and is abreast of the activities of NDDC, and the contract was gotten on his own without any influence from the defendants.

The defendants, who were charged alongside their companies, Don Parker Properties Limited and Building Associates Limited respectively, were arraigned on November 10, 2018 on a 45-count charge bordering on conspiracy and money laundering to the tune of N3,645,000,000 (Three Billion, Six Hundred and Forty-Five Million Naira).

The defendants pleaded “not guilty” to the charges preferred against them and were subsequently granted bail on November 16, 2018 in the sum of N100 million each with two sureties in like sum.

Justice Seidu adjourned the case to June 11, 25 and 26, 2019 for continuation of trial.

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