N34bn Broadcast Digitalisation: Emeka Mba writes Punch over libelous publication
Emeka Mba, erstwhile Director-General of the National Broadcasting Commission (NBC), has written the management of Punch Nigeria Limited, through its editor, demanding for a public apology, retraction and N1billion in compensation over an alleged libelous report regarding how the Economic and Financial Crimes Commission (EFCC), reportedly unravelled the mystery behind how the N34bn paid by MTN for the
Digital Switch Over (DSO), was shared by officials of the NBC and other individuals.
In two seperate letters sent to it and obtained by BusinessDay, by Ogwu Onoja SAN, principal solicitor of O.J. Onoja, SAN & Associates, Mba, Basil Udotai and Technology Advisers claimed that the sensational publication headlined on the front page of the Punch daily newspaper edition of Thursday, March 3, 2016 vol. 40, No. 21129 and also on its online publications of same date titled “NBC Officials, Others shared N34bn MTN Payment – EFCC”, were false and malicious.
The letter read, “Our clients have noted with disgust and utter disbelief the fact that a widely circulated national newspaper of your standing would in the most unprofessional and unethical manner print and circulate the above false statements just to scandalize and malign his reputation without first seeking to hear his side of the story in order to balance the report.
“The publication is full of half truths, misleading and utter misrepresentation of facts and our client believes that the only reason for this quack and sharp journalistic practices and resort to rumor mongering is for selling your papers for commercial ends”, the letters stated in part.
It further explained that its clients, whose proposal on Digital Switch Over (DSO) Funding led to the President’s approval, was later retained to manage the entire process as the lead Legal Consultant by the Nigerian Broadcasting Commission (NBC), to amongst other roles, prepare all memoranda and documentations required for all the approvals, develop the project framework, manage the special auction licensing process with NBC, negotiated and drafted the DTT License Agreement.
“Our client’s services were totally performance based and were not to attract any upfront payment or any payment at all throughout the entire period of the project until or unless the funding conceptionalized in its proposal is realized.
“The law firm’s demand as legal and professional fees was payment of 20% of the fund raised, which was negotiated downward to 10% by the Board of NBC and accepted by our clients. No money was given to our clients without consideration as reported. The entire proposal and the procedure adopted in this transaction by the Board of NBC in dealing with our clients were approved by the then Board of NBC and the former President. Our clients from the legal fees it received, paid more than N500,000,000.00 (Five Hundred Million Naira) to the Federal Inland Revenue Services (FIRS) as taxes.
“We are therefore amazed as to how an open and transparent payment by a Federal Government Agency to a Consultant retained to provide specialized services approved by the President could now be described as fraud and scam or “curious” or “abuse of procurement law”.
“What our client did with his professional fee would not be of any relevance to any third party. The false statement the story cited herein in their natural, ordinary and or inferential meaning or by innuendoes meant and were understood to mean and portray our client as: A thief and a very corrupt Legal Practitioner, an undisciplined and disobedient professional, a criminal not to be trusted, a person unfit to occupy public office and a person investigated, found wanting and to be arraigned for trial”, it said.
The sum of N1billion was also demanded for as damages for libel, and if these simple and reasonable demands are not met within forty-eight (48) hours of receipt of the letter, it shall be constrained to institute legal action against the newspaper without further reference to it.