Tag: MultiChoice

  • MultiChoice faces fresh sanction over tariff hike

    MultiChoice faces fresh sanction over tariff hike

    A legal practitioner, Festus Onifade, has prayed the Court of Appeal in Abuja to sanction MultiChoice Nigeria Limited, the operator of DStv and Gotv, over alleged continuous increase in the prices of its packages despite the pending appeal.

    Onifade urged the appellate court to compel the company to maintain the status quo until the case is decided.

    He sought a declaration that the pay-TV company’s price increments during and pending the appeal, “undermines the integrity and sanctity of this honourable court and therefore is unreasonable, illegal and unlawful.”

    MultiChoice had dragged Onifade, Coalition of Nigeria Consumers and Federal Competition and Consumer Protection Commission (FCCPC) to Appeal Court as 1st to 3rd respondents respectively.

    The appeal followed the judgment of the Competition and Consumer Protection Tribunal (CCPT) in suit marked: CCPT//OP/1/2022 delivered on Sept. 6, 2022.

    The firm, in its notice of appeal on Sept. 6, 2022, said the tribunal erred in law when it held that an aggrieved consumer need not approach the commission with its complaint before filing an action before it (tribunal) as provided by Section 47 and 146 of FCCP Act, 2018.

    It argued that the tribunal erred in law when despite the failure of the Ist and 2nd respondents to fulfill the condition precedent to activation of the tribunal’s jurisdiction, held that the panel (tribunal) had jurisdiction to entertain and determine the action.

    MultiChoice also argued that the tribunal erred in law when notwithstanding its lack of jurisdiction to entertain the substantive suit, refused to set aside its ex-parte order made on March 30, 2022, restraining the company from increasing its subscription rates pending the determination of the matter.

    The appellant, therefore, sought four reliefs, including an order allowing the appeal.

    It prayed the court for an order holding that the tribunal lacked the jurisdiction to entertain and determine the substantive suit.

    It equally sought an order setting aside the ex-parte order of the CCPT made on March 30, 2022, and an order vacating the judgment made on Sept. 6, 2022.

    But Onifade, in his motion in respect of the appeal number: CA/ABJ/CV/1363/2022 file by the company, sought an order restraining MultiChoice from further increasing the prices of its products and services pending the hearing and determination of the appeal.

    The motion on notice, dated July 1, was filed on July 4 by the lawyer.

    He sought an order restraining the firm from taking any step(s) that may negatively affect his rights pending the hearing and final determination of the appeal.

    Besides, he sought an order compelling the FCCPC to monitor compliance, and a demand for N20 million in damages for what he described as a breach of his consumer rights “as a result of the unlawful increments during the pendency of this appeal.”

    The lawyer, in the affidavit he deposed to, averred the tribunal had earlier granted an order restraining MultiChoice from increasing prices while the matter was pending.

    However, the company allegedly disregarded the order and went ahead with multiple increments, including during the pendency of the current appeal.

    “The Appellants have continuously altered the subject matter of the litigation without the court’s leave,” Onifade said.

    He said that MultiChoice’s actions risk rendering any future judgment by the appellate court futile.

    In his written address, Onifade emphasised that it is a well-established principle in law that parties must maintain the status quo during the pendency of an appeal, especially when the appeal is directly tied to the action being challenged.

    “The purpose is to prevent the subject matter of the litigation from being wasted, damaged or altered in a way that would make it impossible to effectively enforce the outcome of the appeal,” he argued.

    He stressed that the integrity of the appellate court would be undermined if MultiChoice is allowed to continue with its price adjustments unchecked.

    He said his motion would not prejudice the company but rather serve to protect the sanctity of the court and uphold consumer rights during the judicial process.

    The court was yet to fixed a date for hearing of the case as at the time of the report.

  • NDPC fines MultiChoice N766m for data privacy violations

    NDPC fines MultiChoice N766m for data privacy violations

    The Nigeria Data Protection Commission (NDPC) has fined MultiChoice Nigeria ₦766,242,500 for breaching the Nigeria Data Protection Act (NDPA).

    NDPC is a public institution that processes data in furtherance of its mandate as Nigeria’s data protection authority and rely on recognised lawful bases for data processing such as consent, legal obligation and contract.

    The commission’s Head of Legal, Enforcement and Regulations, Mr Babatunde Bamigboye, disclosed this in a statement issued on Sunday in Abuja.

    According to Bamigboye, the fine followed an investigation launched in the second quarter of 2024 into suspected violations of subscribers’ privacy rights and the unlawful cross-border transfer of Nigerians’ personal data.

    “NDPC found, among other things, that MultiChoice violated the data privacy rights of its subscribers and individuals associated with them who are not necessarily subscribers.

    “The commission also discovered that MultiChoice engaged in the illegal cross-border transfer of personal data belonging to Nigerian data subjects.

    “The depth of data processing by Multichoice is patently intrusive, unfair, unnecessary and disproportionate.

    “This is a grave affront to fundamental right to privacy as enshrined in section 37 of the 1999 Constitution of the Federal Republic of Nigeria,” Bamigboye said.

    According to him, Nigeria is entitled to protect her citizens and data sovereignty under both international and extant municipal laws as these have far-reaching implication for rule of law, national security and economic growth.

    Bamigboye added that in the process of the investigation, in line with the NDPA standard remediation procedure, the commission directed Multichoice to carry out appropriate remedial measures.

    “However, the commission found the measures undertaken by multichoice in this regard unsatisfactory.

    “For want of cooperation, the commission has directed multichoice to pay N766,242,500 for violating the Nigeria Data Protection Act.l,” he added.

    The NDPC’s National Commissioner, Dr. Vincent Olatunji, was also quoted as directing that all channels through which multichoice collects the personal data of Nigerian citizens be investigated for non-compliance.

    According to him, any outlet that processes personal data in violation of the NDPA is liable to penalty under the Act.

    NDPC is a public institution that processes data in furtherance of its mandate as Nigeria’s Data Protection Authority and rely on recognised lawful bases for data processing such as consent, legal obligation and contract.

  • Jittery MultiChoice quickly slashes DStv decoder price, offers subscription upgrade as Chairman, other officials fail to appear in court

    Jittery MultiChoice quickly slashes DStv decoder price, offers subscription upgrade as Chairman, other officials fail to appear in court

    After its Chairman, Adewunmi Ogunsanya, and other top officials of the company failed to appear before Justice James Omotosho of the Federal High Court in Abuja, MultiChoice has hurriedly slashed DStv decoder price.

    TheNewsGuru.com (TNG) reports MultiChoice slashed its HD Zapper DStv decoder price by 50% from N20,000 to N10,000 with its premium DStv Explora decoder now at N223,999.

    In a statement by MultiChoice Nigeria’s CEO, John Ugbe, the company said it will also be offering its customers a free upgrade to the next DStv package tier when they pay their current subscription in full from June 16 to July 31, 2025.

    According to Ugbe, the upgrade is automatic for all active and returning subscribers who renew their subscriptions during the promo period, while claiming that the initiative was its response “to the noticeable economic impact on the everyday lives of Nigerians.”

    However, TNG observed that this is coming after Ogunsanya, Ugbe and six other top officials of the pay-Tv company failed to appear before Justice Omotosho over allegations bordering on breach of Federal Competition and Consumer Protection Act, 2018.

    When the matter was called at the Abuja Federal High Court on Tuesday, none of the defendants was in court, citing improper service of court documents, including the hearing notice.

    The prosecuting agency’s lawyer, Chizenum Nsitem, who is counsel to the Federal Competition and Consumer Protection Commission (FCCPC), then sought an adjournment date to enable FCCPC arraign the defendants and for the defendants to take their plea.

    Justice Omotosho subsequently fixed October 7 2025 to arraign Ogunsanya and Ugbe, along with Fhulufhelo Badugela, CEO of MultiChoice Africa Holdings; Retiel Tromp, Chief Financial Officer, Africa; and Keabetswe Modimoeng, Group Executive for Corporate Affairs.

    Others to be arraigned also include a director, Adebusola Bello; Fuad Ogunsanya; Gozie Onumonu, who is the Head Regulatory Affairs and Government Relations, and the company itself.

    In the charge marked: FHC/ABJ/CR/197/2025, the defendants were preferred with seven counts. While MultiChoice Nigeria Limited is the 1st defendant, Ogunsanya, Ugbe, Badugela, Tromp, Modimoeng, Bello, Fuad Ogunsanya and Onumonu are 2nd to 9th defendants respectively.

    In count one, Multichoice Nigeria Limited was alleged to have on March 6 at No 23, Jimmy Carter Street, Asokoro, Abuja, without sufficient reason failed to appear before the FCCPC in compliance with a lawful summons issued on Feb. 25, “and thereby committed an offence contrary to and punishable under Section 33 (3) of the FCCP Act, 2018”.

    In court six, Ogunsanya, Ugbe and others, being directors of the company, were alleged to have on March 6 “caused MultiChoice Nigeria Limited to impede investigation of the FCCPC by refusing to produce documents and thereby committed an offence contrary to and punishable under Section 110 of the FCCP Act, 2018”.

    Recall that MultiChoice, the operator of DStv and Gotv, recently increased the subscription rates on its packages against an invitation by FCCPC to give explanation on why the company wanted to effect a price hike.

    Justice Omotosho had, on May 8, dismissed the suit filed by MultiChoice seeking to stop FCCPC from taking administrative action against the company.

    The judge, in a judgment, held that the suit, following an ex-parte motion marked: FHC/ABJ/CS/379/2025, was an abuse of court process, having been filed after a similar suit, marked FHC/ABJ/CS/363/2025, was filed on the issue by a lawyer, Festus Onifade, with Multichoice and FCCPC as parties in the suit.

    The FCCPC had summoned MultiChoice Nigeria Ltd to provide explanations regarding the March 1 price review of its packages.

    The commission directed the company’s chief executive officer to appear for an investigative hearing on Feb. 27, raising concerns over frequent price hikes, potential market dominance abuse and anti-competitive practices within the pay-TV industry.

    The FCCPC also issued a stern warning, stating that failure to justify the price adjustment or comply with fair market principles would lead to regulatory sanctions.

    However in the suit filed by MultiChoice’s legal team, the company sought an order of injunction restraining the regulatory commission and its officers from carrying out the threat against it, as communicated via a letter dated March 3.

    Nevertheless, Multichoice went on to implement tariffs hike for DStv and GOtv, following the May 8 ruling of the Federal High Court, presided over Justice Omotosho.

  • BBNaija season 9 reunion to premiere June 23

    BBNaija season 9 reunion to premiere June 23

    Multichoice Nigeria, organiser of Big Brother Naija (BBNaija) reality TV show has officially announced June 23 for the premiere of its highly anticipated season 9 edition reunion show titled ‘No Loose Guard’ housemates reunion.

    Multichoice made the announcement via its social media platforms, showcasing a photo of the show host, Ebuka Obi-Uchendu, alongside some of the housemates.

    According to the organiser, the reunion will come with new energy,  drama and excitement, as the 2024 housemates return with heightened emotions.

    “Old beef, new energy, new drama. You favorites are coming in hot. #BBNaijaReunion starts on 23 June at 10:00pm. Set your alarms,” it wrote.

    It said that the programme would  be aired on Africa Magic Showcase and  Africa Magic Family, as well as DStv and GOtv platforms.

  • The case for MultiChoice – By Okoh Aihe

    The case for MultiChoice – By Okoh Aihe

    Major Pay-TV service provider, MultiChoice, is in a situation that needs careful understanding and sorting without emotional recriminations. The fortunes are plummeting and that is not a good testimony for a business that was for a time a valued corporate ambassador for the nation’s business ecosystem.

    Fortunately, it is not all gloom. As they say, the light at the end of the tunnel may shine even brighter.

    Before the annual report last week, there have been talks about Canal+ acquiring the organisation, which is a good story, because current owners may make some good money and it also means that the new owners may inject some new investment to transform its operations. These are conjectures that may prove positive in the long run.

    With $1.96bn on the table by December last year for every MultiChoice share it doesn’t currently own, Canal+, the Vivendi owned company, based in France, is a few regulatory steps away from taking full control of the South African broadcaster. Merger and acquisition always smell very good if it’s a win-win for all parties.

    But last week wasn’t about a win-win situation. It was a reality check for the organisation trying to prevent panic in the pay-TV market. According to the annual report, revenue by MultiChoice Nigeria, went down by 44 percent to $197.74m in the financial year ending March 2025, from $355.93m recorded the previous year due to rising inflation and worsening economic climate, which also triggered a mass exit of subscribers.

    The economic pressure is on everybody apart from politicians who are in the best business ever. Inflation stood at 23.71 percent in April 2025, according to the National Bureau of Statistics (NBS).

    Across the African market, MultiChoice lost 1.8m subscribers with Nigeria accounting for 77 percent, which translates to 1.4m subscribers, since its financial year which ended in March 2023. Just within a space of two years.

    In the subscription market, this is a very bad story in all ramifications. The dim summary is that MultiChoice is haemorrhaging and we don’t need to gloat over it. I have read a few things of people saying this is well deserved by the organisation which they accuse of fleecing subscribers. Quite a few in bad faith also hint at the subtle rivalry between Nigeria and South Africa, adding with a little smirk that MultiChoice can now see the importance of the Nigerian market.

    My elders would always say, it is cruel when you continue to hit a man that is already on the ground, helpless. Thankfully, MultiChoice isn’t totally helpless yet. The financial figures are in the public space because it is a quoted organisation. There are many organisations in Nigeria at various stages of atrophy but are silent in death pangs carrying their secrets with them.

    In clear irony, the Multichoice story is a true reflection of the Nigerian economy, which has very little to do with people dumping Multichoice in protest, although that could be a marginal factor. The economy isn’t kind to anybody. Those who felt safe before are suddenly finding themselves in want.

    There are several conversations going on at various levels – in homes, between couples, between parents and children, and between friends, about television entertainment and the urgency to attend to the overriding needs of life, including: feeding, school fees, healthcare and just anything to hold on to life. While there is total insecurity in some places, others don’t have electricity for months.

    People are not thinking of Multichoice; they are thinking of survival, just to hold on till grandiose ideas conceived by politicians can begin to distill into individual benefits. The present situation in Nigeria is wrapped into the phrase, “rising inflation and worsening economic climate.” The phrase also captures the reality of people living in the margins.

    Calvo Mawela, Chief Executive Officer, MultiChoice Group, also looked at the brighter side of business when he informed during the presentation that DSTV Internet revenue rose by 85 percent, KingMakers grew by 76 percent, DSTV Stream increased by 48 percent, while Showmax saw 44 percent year-on-year rise in active paying customers.

    “Our strategy is shaped by developments in our industry, such as changes in technology which are driving shifts in customer behaviour, as well as the impact of a rise in piracy, streaming services, and social media,” he informed.

    Hitting the nail on the head is cliche but that is what Mawela has done. Modern TV entertainment is not in competition with other operators but more with new technologies, including over-the-top (OTT) operations and internet streaming services, behavioural changes across age demographics, and infinite capacity for service regeneration.

    He was therefore on the right track when he announced that MultiChoice is considering floating a sports only package in order to boost subscription uptake.

    “As part of our product offering, we have always had this project that we ran every year where we look at our packaging structures, similar to what Sky did some years back where they had a basic package, they had a sports package on the side (and) they had a general entertainment package on the side,” Mawela said as he tried to find a path to the future by looking at the past.

    That is what service regeneration is all about. Modern technologies allow organisations to monitor consumer behaviour and patterns real time and be able to target them with product design and even individual specific adverts. There is no doubt that a sports only package will be a major hit if there is good pricing creativity.

    Irdeto – global company specialising in digital platform security, particularly for video entertainment, video games, and connected industries – suggests that any pay-TV which wants to win back its audience from other entertainment platforms or grow them should consider the following measures: Adopt a hybrid model; Secure your access to offer premium content; Keep your audience’s attention with personalised content; Offer choice with attractive payment model; and Extend the reach of your features.

    There is no doubt that Multichoice already knows the above and has more information on how to grow its business, but where it has failed inexorably in the past is the payment model which has angered quite a number of its subscribers in Nigeria. They believe that Multichoice is taking advantage of, or simply just fleecing them. There is the need to assuage this thought pattern.

    There is another matter. There is an insufferable arrogance around Multichoice which is not only irritating but, one can argue, blinds the organisation from taking some basic decisions that can stir it away from trouble.

    For instance, MultiChoice has a case with the EFCC concerning the amount paid as annual operating levy to the National Broadcasting Commission (NBC),  21/2 percent on income – whether it’s on gross or after tax. Some little details that can be sorted without anybody getting hurt. But on this matter, former directors of the Commission are being invited to explain their roles in taking a decision they thought they were empowered by the NBC Act to take as a regulatory agency.

    Would it matter here to state that for years, MultiChoice was the only organisation in the broadcast industry making the payment and joined momentarily by Startimes? There are ways to get around regulatory hurdles without infusing the kind of language that hurts or without being contemptible.

    MultiChoice has to deal with the rising tide of new technologies to enjoy a business renaissance. It has to send the right communications to stem the anger welling up in the people. The organisation must also manage its corporate pride. It is not only irritating but also attracts unnecessary attention to its operations.

  • Multichoice implements tariffs hike for DStv, GOtv after FHC ruling

    Multichoice implements tariffs hike for DStv, GOtv after FHC ruling

    After the May 8, 2025 ruling of the Federal High Court in Abuja, Multichoice has implemented tariffs hike for DStv and GOtv.

    Recall that Multichoice in February notified its customers of price increment across its subscription packages on both DStv and GOtv.

    According to the company, price review will hike the DStv Compact bouquet from N15,700 to N19,000, representing a 25% increase.

    The Compact Plus package will also increase from N25,000 to N30,000, which is a 20% increment.

    For the highest package, DStv Premium, the company said the subscription price will go up from N37,000 to N44,500, which also represents a 20% increment.

    In the notice sent to its customers, the company said the new price regime was to take effect from March 1, 2025.

    However, a summons by the Federal Competition and Consumer Protection Commission (FCCPC) and a subsequent suit filed by MultiChoice at the Federal High Court (FHC) in Abuja put the tariffs hike on hold.

    Meanwhile, a recent check by TheNewsGuru.com (TNG) indicates that Multichoice has now implemented the tariffs hike for DStv and GOtv.

    As of May 9 after the FHC ruling, DStv confam package was N11,000.00. However, after implementing the tariffs hike, DStv confam has skyrocketed to N14,048.00.

    Throwback: FCCPC lacks power to interfere in decisions of private companies to fix prices – FHC rules

    Although the Abuja Federal High Court dismissed the suit filed by Multichoice, the court held that FCCPC lacked the power to interfere in the decisions of private companies to fix prices.

    The Federal High Court on May 8 dismissed the suit filed by MultiChoice Nigeria Limited seeking to stop FCCPC from taking administrative action against it.

    Justice James Omotosho, in a judgment, held that the suit was an abuse of court process having been filed after a similar suit was filed on the issue by a lawyer, Festus Onifade, with Multichoice and FCCPC as parties in the suit.

    MultiChoice, the operator of DStv and Gotv increased the subscription rates on its packages against an invitation by FCCPC to give explanation on why the company wanted to effect the price hike.

    Justice Omotosho, on March 12, restrained FCCPC from sanctioning the pay-Tv company until the hearing and determination of the substance suit.

    The judge gave the order after an ex-parte motion marked: FHC/ABJ/CS/379/2025 and moved by Moyosore Onigbanjo, SAN, to challenge FCCPC’s alleged threat.

    The FCCPC had summoned MultiChoice Nigeria Ltd to provide explanations regarding the March 1 price review of its packages.

    The commission directed the company’s chief executive officer to appear for an investigative hearing on February 27, raising concerns over frequent price hikes, potential market dominance abuse and anti-competitive practices within the pay-TV industry.

    The FCCPC also issued a stern warning, stating that failure to justify the price adjustment or comply with fair market principles would lead to regulatory sanctions.

    However in the ex parte motion filed by MultiChoice’s legal team led by Moyosore Onigbanjo, the company sought an order of interim injunction restraining the FCCPC and its officers from carrying out the threat against it, as communicated via a letter dated March 3, pending the hearing and determination of the motion for an interlocutory injunction.

    It also sought an order restraining the commission and its officers from issuing any further directive or taking any steps capable of disrupting its business activities, pending the hearing and determination of the motion for an interlocutory injunction.

    Justice Omotosho on March 27 then fixed May 8 for judgement after counsel for the MultiChoice, Onigbanjo and FCCPC’s lawyer, Prof. J.E.O. Abugu, SAN, adopted their processes and presented their arguments for and against the suit.

    Delivering the judgement, the judge observed that an earlier suit filed by Onifade before the same Federal High Court in Abuja, and in which Multichoice is a party, was still pending before the company decided to file the instant suit.

    The judge said Multichoice could ventilate the issues in the suit filed by Onifade simply filing a counter claim rather than filing a separate suit.

    “With respect to issue two, abuse of court process refers to when a party misuses a court process for the purpose of harassing or annoying his opponent.

    “It is to file multiple processes on the same issues and between the same parties,” he said, citing previous court cases.

    According to the judge, the abuse lies in the multiplicity and the manner or evidence of the right of the parties rather than the exercise of the right per se.

    Citing previous case, Justice Omotosho held that “the employment of judicial process is generally regarded as abuse of judicial process where a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent and the efficient administration of justice.”

    The judge said MultiChoice also admitted to the existence of a similar suit In Paragraphs 7 and 8 of its further affidavit.

    “Now in that suit No. FHC/ABJ/CS/363/2025 between Mr. Festus Onifade and Multichoice Nigeria Limited and the Federal Competition and Consumer Protection Commission, the plaintiff there had filed a suit challenging the right of Multichoice to increase its subscription price as same is unfair.

    “The plaintiff therefore sought among others a declaration that Multichoice suspends its impending price increase for being in breach of the Federal Competition and Consumer Protection Act, 2018.

    “This instant suit was filed by Multichoice challenging the powers of the defendant (FCCPC) to regulate its subscription prices.

    “The origin of both suits is from a complaint by the said Mr Festus Onifade about the alleged unfair increase proposed by Multichoice Nigeria Limited.

    “It is therefore clear as day that weighing both suits, especially the parties and reliefs sought, the suits are similar and can be contested in one of the suits and not in different actions,” he said.

    He further held that MultiChoice was aware of the suit number: FHC/ABJ/CS/363/2025 filed by Onifade on February 27, “which means it was filed before this instant suit.”

    “To my mind, filing this instant suit even though the defendant in that suit is now the plaintiff is an abuse of court and an unnecessary and vexatious duplicity of actions.

    “Quite dearly, these issues can be dealt with in that pending suit without the need to file a fresh surt.

    “Relying on the above decisions, I therefore hold that the plaintiff in this suit could have ventilated its grievance in the other pending suit without the need to file a fresh suit.

    “Allowing this suit to go on to conclusion will lead to a likely conflict of decisions arising from judgments in this court and in the other suit.

    “The long and short of what this court is trying to say is that this instant suit is an abuse of court process on grounds of multiplicity of actions.

    “Thus this suit must be dismissed for being an abuse of court process,” the judge ruled.

    The judge then proceeded to decline jurisdiction and dismissed the suit.

    However, Justice Omotosho went ahead to determine the case on its merit and held that since Nigeria runs a free market economy, the FCCPC lacked the power to interfere in the decisions of private companies to fix their prices.

    The judge held that  under Section 88 of the Federal Competition and Consumer Protection Act, it is only the president of the Federal Republic of Nigeria that can regulate prices in a regulated industry and for essential goods, not the kind of services being rendered by the Multichoice where consumers have choices.

    The judge  held that the FCCPC had no business querying how companies fix their prices in a free market economy.

    Meanwhile, the earlier suit marked FHC/ABJ/CS/363/2025 and filed by Onifade before the Federal High Court in Abuja, in which Multichoice and FCCPC are parties, is still pending and undecided.

  • FCCPC can serve Nigerians better without MultiChoice – By Ikeddy Isiguzo

    FCCPC can serve Nigerians better without MultiChoice – By Ikeddy Isiguzo

    By Ikeddy Isiguzo

    A CONCERNING issue to Nigerians – the arbitrary increase of prices of essential goods and services – does not interest the Federal Competition and Consumer Protection Commission, FCCPC, which is engaged in a ceaseless legal tussle with MultiChoice, which provides digital television signals, a non-essential service.

    FCCPC sees something to regulate in MultiChoice’s business. FCCPC cannot miss an opportunity to oversight MultiChoice though it ignores how other businesses in the sector operate. The intentionality is obvious.

    Once MultiChoice announces a proposed increase, FCCPC, mostly silent in other areas that affect our lives would wake up quickly to issue one threat or the other before returning to its disturbed slumber.

    Momentary wakefulness marks FCCPC’s regulatory activities steeped in photo opportunities and over ventilation of issues the courts have settled. Exactly what does FCCPC regulate?

    The partiality to MultiChoice is too evident that it would appear that FCCPC benefits from the irritations it has become. How does Nigeria benefit from a government agencies demonisation of an organisation that turns in billions into government coffers as taxes, employs thousands of Nigerians and provides services its willing clients patronise?

    On 8 May 2025 FCCPC went into over drive in its celebration of a minute point in its case with MultiChoice. What was there to make a dance of as FCCPC did?

    Justice James Omotosho of the Federal High Court Abuja in dismissing a suit MultiChoice Nigeria filed, challenging FCCPC’s intervention in its recent subscription price hike ruled that the suit was an abuse of court process as similar proceedings were going on in Lagos State.

    Justice Omotoso’s other pronouncements:

    .While FCCPC has investigative powers under its establishing Act, it lacks the authority to fix or suspend prices unless the President directs it through a gazetted instrument.

    .No such delegation was presented to the court.

    .Nigeria operates a free market system, and service providers like MultiChoice retain the right to set their prices, with consumers free to accept or reject them.

    .FCCPC’s actions, including directing MultiChoice to suspend its price increase, breached the company’s right to fair hearing and appeared selectively targeted.

    .FCCPC’s claim that MultiChoice held a dominant market position, calling the argument untenable.

    .Use of services like those provided by MultiChoice is discretionary and not essential, as Nigerians can do without it.

    .Warned that attempts to fix prices by regulatory bodies could scare off investors and harm the economy.

    .FCCPC may investigate market practices, it cannot impose price controls without proper legal backing.

    .While FCCPC is an agency of the Federal Government of Nigeria, it must act within its powers in line with relevant laws.

    .FCCPC has power to declare market dominance and discriminatory prices against an entity; it must make pronouncement after carrying out investigation against such company.

    .From the fact before the court, investigation had yet to begin before the FCCPC issued the suspension directive to the MultiChoice.

    .FCCPC acted beyond its power by the directive it issued against MultiChoice price increase.

    .Nigeria operates a free market economy, where only the President of Nigeria has the exclusive powers to regulate prices.

    FCCPC only has an advisory role on the issue of price fixing.

    .Powers of the President to regulate prices cannot be exercised by any other person or agency or body.

    .If the President decides to fix prices, it must cover an entire industry and not just a single player.

    .FCCPC has powers to make rules in respect of anti-competition, anti-consumer protection, among others, except the issue of fixing prices.

    In 2022, the Competition and Consumer Protection Tribunal, had ruled that MultiChoice had the right to increase its price while Nigerians had a choice to opt for other pay TV platforms.

    .FCCPC appears to be targeting MultiChoice unfairly while ignoring the pricing of other pay TVs and online TVs like YouTube in Nigeria.

    Let FCCPC look up a bit and occupied itself with the activities of government agencies like the Joint Tax Board which has just announced an increase in vehicle number plates and driver’s licences.

    Here are some details:

    Standard private and commercial number plates formerly ₦18,750, now ₦30,000.

    Fancy number plates move from ₦200,000 to ₦400,000.

    Motorcycle number plates from ₦5,000 to ₦12,000.

    Articulated number plates will be ₦90,000, from ₦30,000.

    Out-of-series number plates from ₦50,000 to ₦150,000.

    These increases and other vehicle-rated taxes will be effected on 8 June 2025, after a public notice of less than 30 days.

    And they are coming barely six months after the same JTB jacked up prices of its in December 2024. By February 2024, licences cost between N6,000 and N10,000.

    The public had no alternative than to pay the new prices. The licences are essential government’s monopoly and their use is compulsory. Nobody is concerned whether their users can afford them.

    Why the increase in the prices of the licences and vehicle number plates? The Joint Tax Board, which issues the routine orders, said, “The new rates would provide enhanced security features, improving identification processes for both drivers and vehicles across the country”. JTB gave the same excuse in November 2024.

    FCCPC is dumb. A possibility is that FCCPC is not aware of the price increase, “adjustments”, as JTB called them. After all, FCCPC’s time is dedicated to regulating MultiChoice.

    While government agencies can increase prices when and how they like, FCCPC would not allow MultiChoice adjust prices for a service that is not essential, which has alternatives, within the bouquets that MultiChoice or its competitors provide.

    Digital television is not compulsory like the vehicle licences that will affect lives of millions of Nigerians, directly and indirectly. Transporters will pass the costs to consumers of their services. Foods, already very expensive, and other goods that depend on road transportation will witness a hike on their prices.

    Vehicle owners would be wise enough to save for the next “adjustment” in price of licences once JTB decides to given them “enhanced security features”. It may not be many months down the way.

    These tormenting increases in charges ranging from water rates, electricity tariffs, bills (even in government hospitals and schools) deserve FCCPC’s intervention.

    The National Identity Management Commission hiked date of birthday corrections fee to N28,574 from N16,340.

    All these charges affect more millions of Nigerians. They are essential services without alternatives.

    FCCPC should leave MultiChoice and its clients to make their decisions. And Justice Omotosho noted FCCPC’s fixation with MultiChoice.

    Will FCCPC listen to Justice Omotosho? Or spare some thoughts for hapless Nigerians who government monopolies are crushing?

    FCCPC still has a chance to be relevant in the lives of Nigeria by advising government and its agencies to care about the impact of price increases of compulsory services that only government provides on ordinary Nigerians.

    Finally…

    MORE profound investigation is required to know what happened with the 2025 UTME that witnessed mass low performance, swiftly blamed on “human error”. There may be need to cancel the entire exams or give all candidates who want to re-write the opportunity to do so. One candidate in Lagos reportedly committed suicide over the low marks JAMB awarded her – another avoidable death.

    ISIGUZO is a major commentator on minor issues

  • Court rejects appeal by MultiChoice to uphold GOtv, DStv price hikes

    Court rejects appeal by MultiChoice to uphold GOtv, DStv price hikes

    The Federal High Court in Abuja has rejected a lawsuit filed by MultiChoice Nigeria Limited (Ltd.) seeking to uphold it’s recent price hikes for DStv and GOtv services in the country.

    While delivering the judgement on Thursday, May 8 Justice James Omotosho described the lawsuit filed by MultiChoice as an abuse of court process.

    The judge had earlier issued a temporary order last month, preventing the Federal Competition and Consumer Protection Commission (FCCPC) from taking any action against MultiChoice after it announced the price hikes.

    During the court proceeding, MultiChoice’s legal counsel, Moyosore J. Onigbanjo, a Senior Advocate of Nigeria (SAN), filed the case under suit number FHC/ABJ/CS/379/2025, claiming that despite the pending court case, the FCCPC continued to send letters demanding the company stop the price increase, with threats of penalties.

    The FCCPC had earlier summoned MultiChoice to justify its decision, instructing the company’s Chief Executive Officer (CEO) to attend an investigative hearing which took place on Thursday, February 27.

    The Commission raised concerns about repeated price hikes, potential abuse of its dominant market position, and possible anti-competitive practices.

    However, MultiChoice’s legal team asked the court to stop the FCCPC from punishing or interfering with the company over its pricing, referencing a letter dated Monday, March 3,

    They also requested a declaration that the FCCPC does not have legal authority to control or prevent the company’s pricing decisions.

    Onigbanjo argued that Nigeria operates under a free-market system where companies are allowed to set their own prices without regulatory approval.

    He stated that neither the FCCPC Act nor any related law gives the Commission power to control pricing.

    Also at another court hearing on Wednesday, March 27 FCCPC’s lawyer, Prof. Joe Agbugu (SAN), countered that MultiChoice’s claims were baseless because the Commission had not tried to regulate prices directly.

    Instead, it was investigating the abuse of market dominance, which it is legally empowered to do.

    In response, Onigbanjo insisted that the FCCPC’s concerns about high pricing came only after the legal case was filed, arguing that the Commission’s authority does not cover price regulation.

    Justice Omotosho then postponed the verdict to Thursday, May 8.

    However, during the ruling which took place on Thursday, May 8 Justice Omotosho ruled that because MultiChoice failed to issue a pre-action notice (a legal requirement before suing), the case was invalid.

    He stated that such a requirement can be waived if the opposing party doesn’t raise the issue in court.

    The judge mentioned that since the FCCPC did not raise the issue of the pre-action notice during proceedings, the court considered that requirement waived.

    Justice Omotosho then went ahead to dismiss MultiChoice’s lawsuit in its entirety.

    He said, “This is an abuse of court process.

    “I hold that the plaintiff(MultiChoice) in this instant suit could have ventilated his grievance before the previous pending suit.”

  • Multichoice and latent broadcast issues – By Okoh Aihe

    Multichoice and latent broadcast issues – By Okoh Aihe

    A simmering broadcast news recently has been the story of Multichoice Nigeria jacking up subscription rates on its DStv and GOtv packages in order to remain in business in Nigeria. Coming on the heels of other similar developments like the 50 percent hike in telecoms tariff, and the stratospheric increase in electricity tariffs last year, Nigerians were outraged, understandably.

    Their cries got to the Federal Competition and Consumer Protection Commission (FCCPC) which immediately asked Multichoice to stay action while proper investigations were being carried out. I would probably have said while a determination was being made?

    March 1, 2025, as per the notice sent to subscribers, and like words cast in stone, Multichoice carried out increases between 20 percent and 25 percent. No diplomacy at all to try and sweet-talk FCCPC into a position where nobody would feel humiliated.

    I have always wondered why the tangle wasn’t between Multichoice and the regulator of the broadcast industry, the National Broadcasting Commission (NBC). It would probably have been a straight fight. There may be a reason for this. I have been looking at the broadcast books, like the NBC Act CAP N11, 2004, and the Nigeria Broadcast Code and can’t remember any area where a price determination was ever suggested, except the Code which forbids broadcast operators from engaging in anti-competitive behaviour.

    Could it have been superfluous if the NBC inserted in the Act the opportunity to have a say in the determination of prices and tariffs of products and services in the industry it superintends? Perhaps  this may yet be done through some amendments that could be introduced to the  Act and Code in future.

    Don’t get me wrong at all. I stand for the dictates of the free market where the business owner can fix prices, especially in a challenging economy that is humbling everybody. That is the reason I put my head on the chopping board to advocate for telecoms tariff hike. This should also indicate where I stand on the Multichoice matter. However, things should be done reasonably and in order with respect to the various laws of the land and even constituted authorities. But the case is going through court motions and we should all shut up like the unlearned people we are!

    Once Multichoice initiated the increases, the FCCPC immediately went to the courts to file proceedings against the pay TV service provider and its Chief Executive, John Ugbe, over alleged violations of regulatory directives and obstruction of ongoing inquiry.

    Nobody would blame FCCPC which carries the expectations of the people on its shoulders and should be seen to be taking actions to alleviate their burden at this time. One would pray here that, at some point, the organisation should create some time to look at the atrocities of the Power Holding Company of Nigeria (PHCN) which, in a most shameful way albeit rodomontade on its part, has been trying to share a meagre 6003 megawatts of electricity among over 220 million Nigerians. Afterall, Nigerians feel even more pained by the near absence of electricity supply.

    Following an ex parte motion filed by its lawyers, Multichoice, March 3, 2025, had its prayers answered as it secured an interim injunction restraining FCCPC and its officers from carrying out the threatened prosecution of the organisation pending the hearing and determination of the motion of an interlocutory injunction.

    Oh! Things getting more interesting and getting more muddled up? This is not a review of the court proceedings, as I am the least competent to do so, being unlearned. I also do not want to speculate about the outcome of this case which is as sure as tomorrow happening or as sure as the painful reality that there will be no electricity supply to about three quarters of the population of Nigeria today or even a larger percentage not having food on the table. However, quite a number of things have come up on the side, so loud that they drown reason and common sense.

    One. There is a strong demand that the NBC should be involved in the fixing of subscription prices. This is understandable in the sense that only in 2023, Multichoice raised subscription twice, one in April and the other in November. And then this increase, March 2025. But as it is now, such demand is not possible. The market is deregulated and the operators have a right to operate without threatening inhibitions from the regulator.

    Two. It has been sugggested that the regulator should break the monopoly of Multichoice. It will stop the operator’s arbitrariness concerning subscription. This is more of wishful thinking. Did the NBC deliberately create a monopoly in Multichoice? I don’t think so. Monopoly can grow from market distortions created by an unpredictable economy, including cost of money, unwarranted feeling of entitlement mentality by some licencees,  presumptive feeling of market understanding even when a proper feasibility has not been done, and especially for pay TV, the lack of patience or capacity to build attractive and marketable channels.

    The regulator will have to do something extraordinary and, in fact, go beyond regulation to achieve a different result and meet the yearnings and prayers of pay TV subscribers. That will not happen immediately, not by waving a magic wand, even if this obvious truth can prove painful to some people.

    To be honest, I believe the pay TV sector needs a reset, a recreation of the entire ecosystem in order to deracinate some latent booby traps that will continue to abort efforts invested in the sector. All efforts to create competition in the sector have failed not because there is a monopoly that swallows up competitions but because of some obtuse realities not sensed at the early stages of licensing. Time has come for the regulator to interrogate the process and take some urgent decisions.

    There is something else that has to be done. There is a failing that cannot be swept under the carpet, if you accommodate this cliche. The regulator must quickly revisit the Digital Switchover (DSO) process, ensure thorough re-examination and reactivation of the process and do everything possible to bring it to conclusion. Concluding the process can do a lot of good for the entire broadcast industry. So much monies will change hands, jobs will be created and technology will be upscaled just as there will be more channels to be filled with new contents.

    Competition in the pay TV cannot be legislated, no matter how you may feel about some developments. But it is not too early or late to address a problem that may well last into the future. The onus rests on the NCC to act.

  • Court stops FCCPC from sanctioning MultiChoice over tariff hike

    Court stops FCCPC from sanctioning MultiChoice over tariff hike

    The Federal High Court in Abuja on Wednesday, restrained the Federal Competition and Consumer Protection Commission (FCCPC) from sanctioning MultiChoice Nigeria Limited following its recent increase in the DStv and GOtv subscription rates.

    Justice James Omotosho gave the order after an ex-parte motion moved by Moyosore Onigbanjo, SAN, counsel to MultiChoice.

    Justice Omotosho, in the motion marked: FHC/ABJ/CS/379/2025, ordered FCCPC not to take “any administrative steps” against the pay-Tv company.

    The News Agency of Nigeria (NAN) reports that the FCCPC had summoned MultiChoice Nigeria Ltd to provide explanations regarding the March 1 price review of its packages.

    The commission directed the company’s chief executive officer to appear for an investigative hearing on Feb. 27, raising concerns over frequent price hikes, potential market dominance abuse and anti-competitive practices within the pay-TV industry.

    The FCCPC also issued a stern warning, stating that failure to justify the price adjustment or comply with fair market principles would lead to regulatory sanctions.

    However in the ex parte motion filed by MultiChoice’s legal team led by Onigbanjo, the company sought an order of interim injunction restraining the FCCPC and its officers from carrying out the threat against it, as communicated via a letter dated March 3, pending the hearing and determination of the motion for an interlocutory injunction.

    It also sought an order restraining the commission and its officers from issuing any further directive or taking any steps capable of disrupting its business activities, pending the hearing and determination of the motion for an interlocutory injunction.

    “An order of interim injunction restraining the FCCPC, its agents, servants, or privies from sanctioning or penalising MultiChoice (the applicant) in any manner whatsoever in relation to its price increase pending the hearing and determination of the motion for an interlocutory injunction.”  .

    Onibanjo, in his grounds of argument, submitted that Nigeria operates a free-market economy where prices of goods and services are not regulated.

    He argued that the FCCPC Act and other enabling laws do not grant the commission the authority to regulate prices or require businesses to seek approval before adjusting the cost of their services.

    He added that MultiChoice had communicated its intention to increase prices via a letter dated Feb 21.

    He said that  the FCCPC, however, in a letter dated Feb. 27, ordered the pay-TV company to suspend its planned price increment.

    The lawyer said following the development, the company filed a suit on March 3, challenging, among other things, the FCCPC’s power to regulate prices or suspend its price adjustment.

    He said MultiChoice, after filing the suit, proceeded with the planned price increase.

    He said despite the pending suit, the FCCPC threatened to prosecute MultiChoice via a letter dated March 3 if it failed to provide reasonable justification for disregarding the directive to suspend the price increment.

    In an affidavit deposed to by Gozie Onumonu, Head of Regulatory Affairs and Government Relations at MultiChoice, the company argued that its subscription rates in Nigeria are the lowest among all the countries where it operates.

    “For instance, the cost of the Premium package in Nigeria is equivalent to $29.81, while the same package costs $85.11 in Kenya,” Onumonu said.

    The officer maintained that MultiChoice had the legal right to operate its business, including adjusting its prices when necessary.

    When the matter was called on Wednesday, Onigbanjo moved the motion, praying the court to grant their reliefs.

    The judge, after hearing the lawyer’s application, restrained the FCCPC from taking any “administrative steps” against MultiChoice pending the determination of the case.

    The judge equally ordered an accelerated hearing on the matter and adjourned the matter until March 27 for hearing.