Chief Justice (ag) Ian Chang has ordered the National Frequency Management Unit (NFMU) to show cause why writs quashing its decision to grant of radio and television to ten entities and individuals should not be made.
He has also set May 9 at the date for the hearing of the case.
The Order or Rule Nisi of Certiorari was granted in favour of a motion filed by broadcaster Enrico Woolford. The court document, dated April 23, which was seen by this newspaper, directed the NFMU to show cause why frequencies for radio and television granted to Radio Guyana Inc – 89.3, 89.5, 89.7, 106.9 and 107.3; Telecor and Cultural Broadcasting Inc – 89.7, 90.1, 91.5, 104.9 and 103.3; New Guyana Company Limited – 91.1, 90.7, 90.5, 105.9 and 105.3; Rudolph Grant – 92.1; NTN Radio – 89.1; Wireless Connections – 93.1; Hits and Jams Entertainment – 94.1; Alfro Alphonso and Sons Enterprise 91.7 (Essequibo); Haslyn Graham 104.3 (Linden)H and Little Rock Television Station 88.5 (Berbice).
The grounds stated were that the decisions were premised on the unlawful and unconstitutional distribution by the then president Bharrat Jagdeo and were unfair, unreasonable, capricious, irrational, procedurally improper, ultra vires, null, void and of no legal effect.
The matter is returnable on Thursday May 9, 2013 at 2 pm before the Chief Justice.
On April 19 Woolford moved to the courts over the granting of licences by Jagdeo to the 10 persons and entities, saying that his actions were unconstitutional.
Attorney-General Anil Nandlall is named as a respondent in the case and NFMU Head Valmikki Singh is named as the second respondent.
Woolford said government’s failure to have a “speedy, efficient, objective and non-discriminatory” handling of his application for FM Radio Broadcasting licence is an infringement of his freedom of expression.
In his Affidavit in Support of the Motion, Woolford who is the Managing Editor/Owner of EMW Communications/Capitol News said that in October 1997 he applied to the NFMU for a licence to broadcast on 88-108 FM and 5-9-1240 AM frequencies.
“I received no reply to my application…,” he said, while adding that he had also applied for a TV licence and on November 7, 1997 and received a letter from the NFMU granting him a UHF TV Channel for broadcast in Georgetown.
In his affidavit, Woolford referred to the communique of May 6, 2003, between Jagdeo and then opposition leader Robert Corbin quoting that it was agreed “…that the National Frequency Management Unit would issue no more licences for FM Radio and Television broadcasting until the new broadcasting legislation comes into effect.”
Woolford pointed out that between May 2003 and November 2011, Jagdeo publicly adopted the agreement and on several occasions repeated in public that no more licences for radio and television would be issued until the new broadcasting legislation came into effect.
The Broadcasting Act 2011 was enacted and received the President’s assent on September 27, 2011, but was not brought into operation until August 28, 2012, 11 months after receiving presidential assent.
Accusing Jagdeo of acting in bad faith by his grant of licences a few days before demitting office in November 2011, Woolford said that for 16 months after the allotment of the radio licences, the names of the persons to whom licences were allotted, remained “a dark secret within the bosom” of Jagdeo. This he said was until Prime Minister Samuel Hinds was obliged to disclose the names in Parliament in response to questions by AFC Parliamentarian, Cathy Hughes.
In his written reply, Hinds said that in November 2011, Jagdeo issued 22 FM radio broadcasting licences and frequencies. Of these, 17 were allotted and assigned to persons known to be close to the former president.
