Monrovia – Civil Law Court ‘A’ Judge Peter W. Gbeneweleh has restored the right of One Media Incorporated to operate a radio station, Punch FM 106.3 in the country.
Judge Gbeneweleh ruled in the case on Tuesday, January 7.
He made the decision based on a petition of declaratory judgment filed to the court.
A declaratory judgment is a request to a court by a party in a case requesting the court to restore its right.
“It is the ruling of this Honorable court (Civil Law Court ‘A’) that the petitioner’s petition for declaratory judgment is hereby granted and the resistance thereto is denied. The petitioner is entitled to its permit as a matter of law,” Judge Gbeneweleh ruled.
But lawyer representing the State, Cllr. Wesseh A. Wesseh took an exception to the Judge’s ruling and announced an appeal to the Supreme Court in its March Term of Court, 2020.
In his ruling, Judge Gbeneweleh said the permit granted the petitioner on January 10, 2018 to operate is valid.
“What I want to say is that justice was done to me today. It is a victory for us Liberians so let us celebrate cautiously. The court has made the right decision to restore our rights to operate a business in our own country. For too long we sat and watched the government infringe our rights to own and operate a business in our dear country. The refusal of the government to lift ban on our entity was not because we were not registered but was plainly due to a deep centered, hatred against the owners.”
– Patrick Honnah, CEO, One Meddia Inc., Owners of Punch FM
“This court further said that the application of the petitioner dated December 29, 2017 was not approved by the Director of National Communications Bureau because petitioner’s Articles of Incorporation was not annexed. The petitioner later obtained its Articles of incorporation on January 5, 2018, and the respondent granted a permit to the petitioner on January 10, 2018.
He continued: “This court perceives no deception and misrepresentation under the fact and circumstances in this case, and that the permit granted the petitioner on January 10, 2018 is valid.”
Judge Gbeneweleh ruling grew out of a 13-count petition filed to the court on October 15, 2019 by One Media Incorporated (Punch FM) by and through its Manager Patrick Honnah against the Ministry of Information, Culture Affairs and Tourism by and through its Minister Lenn Eugene Nagbe, requesting the court to restore its right to operate in the country.
Count three revealed that after obtaining a business registration certificate in keeping with law to operate a radio and television stations, on November 9, 2017, the petitioner applied to the Liberia Telecommunications Authority (LTA) for radio and television frequencies.
Further to count three, the petitioner’s application for frequency was granted by the LTA and the LTA made or caused petitioner to pay US$100 as application fee for commercial FM Station (106.3) in Montserrado County and US$2,800 as Annual License Regulatory Fee for commercial station service for the period of January 1, 2018 to December 31, 2018.
The petition further stated that after satisfying all the requirements with the LTA, the petitioner applied for a permit at MICAT to operate a radio and television frequencies and its request was granted.
‘After receiving the two permits to operate radio and television frequencies, petitioner imported and begun the installation of its equipment. At the juncture, the State on June 18, 2018, published a press release suspending all new operating licenses and authorizations issued to media operators from January 1, 2018 to June 18, 2028.
It continued: “Petitioner says that it has been over a period of one year after petitioner had registered to operate radio and television stations that respondent has failed, refused and neglected to allow petitioner operates under the cloud of reviewing ‘Regulatory regime’.”
After the judge’s ruling, Patrick Honnah said in an interview: “What I want to say is that justice was done to me today. It is a victory for us Liberians so let us celebrate cautiously. The court has made the right decision to restore our rights to operate a business in our own country. For too long we sat and watched the government infringe our rights to own and operate a business in our dear country. The refusal of the government to lift ban on our entity was not because we were not registered but was plainly due to a deep centered, hatred against the owners.”