LAW ENFORCEMENT

Types of Infringements:

  • Distribution/exhibition of unapproved (uncensored/unclassified) films/video works and musical videos.
  • Distribution/exhibition of unapproved trailers/promos.
  • Distribution of films/video works without being a licensed Distributor.
  • Exhibition of films/video works without being a licensed Exhibitor
  • Distributing/exhibiting films/video works and trailers in unlicensed premises.
  • Forging the Board’s logo.
  • Forging the Board’s classification symbols.
  • Forging the Board’s receipts.
  • Forging the Board’s certificates/licenses
  • Altering already approved films/video works, posters and promos/trailers.
  • Distributing/exhibiting pornographic films.
  • Obstructing field officers from carrying out their statutory duties.
  • Broadcasting unapproved (uncensored/unclassified) films/video works by satellite/cable television operators.
  • Impersonation of officers of the Board (field officers).
  • Exhibition of films with restricted classification to under age persons.
  • Exhibition of films classified as ‘for restricted exhibition’ in registered/licensed premises.
  • Failure of Exhibitors to immediately before the exhibition, project on the screen on which the picture is to be exhibited, a reproduction of the certificate of censorship approval by the Board.
  • Failure of distributors/exhibitors to distribute films in the film format for which they are intended (home entertainment format or public exhibition format).
  • Failure of distributors to label cassette package and spool with the classification symbols with which they were approved.
  • Failure of distributors to submit to the Board a market copy of the classified and approved film for verification.
  • Failure of distributors, exhibitors, importers and exporters to submit to the Board a quarterly report.
  • Failure of importers and exporters of films/video works to obtain import or export permits from the Board prior to importation or exportation of films/video works.
  • Failure of importers and exporters of films/video works to obtain import or export permits from the Board prior to importation or exportation of films/video works.

Number of Current Infringement, Number of arrests made:

Major Areas of Infringements:

  • Distribution/exhibition of unapproved (uncensored/unclassified) films/video works and musical videos.
  • Distribution/exhibition of unapproved trailers/promos.
  • Distribution of films/video works without being a licensed Distributor.
  • Exhibition of films/video works without being a licensed Exhibitor.
  • Distributing/exhibiting films/video works and trailers in unlicensed premises.

Prosecution

The infringement of the Board’s laws most times results in arrests and eventually prosecution of offenders. However, in some deserving cases are settled out of court.

    1. Pending Cases
      • NFVCB Vs Akinola Adegboyega – Court of Appeal, Ibadan
      • Adewale Joseph Vs NFVCB – FHC, Kaduna
      • Kingawa Ltd. Vs NFVCB & 2 Ors – FHC, Jos
      • Registered Trustees of VCOAN Vs NFVCB – FHC, Akure
      • Incorporated Trustees of Movie Makers and Marketers & 2 Ors Vs NFVCB & Anor – FHC, Awka
      • Incorporated Trustees of Movie Makers and Marketers & 2 Ors Vs NFVCB & Anor – FHC, Awka
      • Cajetan Obi Vs NFVCB & 7 Ors – FHC, Awka
      • Divine Network Investment Ltd Vs NFVCB & 3 Ors – FHC, Awka
      • Uchenna Nwachukwu & 2 Ors Vs NFVCB – FHC, Awka
      • Onyeka Orajiaka & 12 Ors Vs NFVCB & Anor – FHC, Awka
      • Hon. Olatunbosun Kazeem Vs Lagos State Film Committee & Anor – Lagos State High Court
      • Incorporated Trustees of Motion Practitioners Association of Nigeria Vs Kano State Censorship Board & 3 Ors – FHC, Kano
      • Chibuzor Obiajunwa Vs Chief Sunny Collins Nwatu & NFVCB – FHC Awka
      • Chibuzor Obiajunwa Vs Austin Okafor & NFVCB – FHC, Awka
      • Terry Ngene Okoro Vs Samson Kaliwa – CMC, Yola
      • NFVCB Vs Terry Ngene Okoro – CMC, Yola
      • COP Vs Titilayo Segun – MC III, Suleja
      • COP Vs Kazeem Ijiwande – Oshogbo
    2. Cases Determined between 2003 – 2011
      • Abodunrin Olanrewaju Vs NFVCB – FHC, Ibadan
      • Akachukwu Ibe Vs Emeka Mba & 5 Ors – FHC, Awka
      • Ogbonnaya Progress & 9 Ors Vs NFVCB & 4 Ors – FHC, Benin
      • Helen Ukpabio & 1 Other Vs NFVCB
      • COP Vs Ugonma Okafor & Ors (2003)
      • COP Vs Nura Adewale & Ors (2003)
      • COP Vs. Uche Andy & Ors (2006)
      • NFVCB Vs. Vee-Cee Video Centre, Samalin VC and Lucky Star VC (2006)
      • COP Vs Ikechukwu Ogugua:(2004)
      • COP Vs Ugonma Charles: (2004)
      • COP Vs. Osita Onwumelu & Ano,: (2006)
      • COP Vs Onyebuchi Nwobu: (2005)
      • COP Vs Okechukwu Okoye & 5 Ors:
      • COP Vs. Helen Ukpabio
      • Adegboyega Kolade Vs. NFVCB
      • COP Vs Ekene Oranyelu (2006)
      • Balogun Martins Ajah & Ors Vs NFVCB (2006)
      • VCOAN & Adebusuyi Moses Vs NFVCB(2006)
      • Registered Trustees of VCOAN Vs NFVCB
      • Chiddo Productions and Global Ltd & 12 Ors Vs NFVCB
      • COP Vs Jude Ikwuakaam & 13 Ors
      • COP Vs Oludare Atere & Anor
      • NFVCB Vs Mrs. Bola Jatto
      • Kingsley Ogoro Vs NFVCB
      • NFVCB Vs JACOFIC (Babajide Kosoko)
      • Abiodun Seun Vs Basil Ugbede

Processes

  1. Monitoring

Monitoring is the exercise that is carried out by the field officers of the Board to watch, keep track of or check the markets, video rental clubs etc to ensure that films/video works and their trailers that have already been approved have not been altered in any way. Also to ensure that distributors and distribution premises, exhibitors and exhibition premises are complying with the NFVCB Act 2004 and Regulations 2008.

      1. Who do we monitor and regulate?
        • Distributors
        • Exhibitors
        • Distribution Premises (Markets, Shops, Stalls, Video Clubs etc)
        • Exhibition Premises (Cinemas and Viewing Centres)
        • Video Rental Operators
      2. Demand Compliance Notice

Demand Compliance Notices are model notices sent to distributors and marketers of films/video works for contravening the Board’s enabling Act by releasing unclassified movies or airing unapproved promos. The said Notices cite the relevant sections of the NFVCB Act 2004 that are contravened and the requirements of the NFVCB Regulations 2008 to the effect that defaulters should pay the specified amount as penalty and not only withdraw from circulation the offending movies but also publish a quarter – page notice of such withdrawal in two national dailies, national television and national radio service. These should be done within two weeks of receipt of the said Notice, as failure will attract prosecution.

      1. Arrests

This is normally done where someone defaults or contravenes the provisions of the NFVCB Act or Regulations. However, the Act enjoins a police officer or an officer of the Board who is authorized in that behalf to enter and search a premises and to ask for the name and address of any person within the premises who he reasonably believes to have committed an offence under the Act and to arrest such persons without warrant if he/she refuses to give an answer. Arrest could also be made in circumstances where a person is found in premises where incriminating materials are found e.g. pornographic films, unapproved jackets, unapproved films/video works.

      1. Sealing/Closure of Premises

Where in the course of monitoring exercise, officers of the Board discover an outlet in use by an unlicensed distributor, unlicensed exhibition premises, unregistered retail outlet or unregistered rental outlet they usually seal up such premises to ensure compliance with the NFVCB Act and Regulations.

      1. Seizure of Unapproved Films/Video Works

Where a police officer or field officers have reasonable grounds to suspect that the films/video works are unapproved, they seize them in accordance with the Act.