Justice James Omotosho of the Federal High Court in Abuja has struck down Section 2 (10) (b) of the National Broadcasting Code, 6th Edition, which required broadcasters to pay 2.5% of their “Gross Annual Income” as an Annual Operating Levy.
The ruling followed a suit filed by MultiChoice Nigeria Ltd and Details Nigeria Limited (GO TV) against the National Broadcasting Commission (NBC).
In his judgment delivered on Wednesday, Justice Omotosho ordered that the provision be replaced with “Net Annual Income” instead of “Gross Annual Income.” He also prohibited the NBC from demanding the plaintiffs’ VAT remittance, FIRS reports, bank statements, audit adjustment journals, trial balances, and general ledgers for the purpose of calculating their annual income, other than the annual audited accounts of the companies as stipulated by the NBC Code.
The judge ruled that the NBC could only access…
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