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EFCC v. Emeka Mba: The Puzzles and Contradictions

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Mr. Emeka Mba, immediate past director-general of the National Broadcasting Commission (NBC),
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The continued prosecution of Emeka Mba, erstwhile director general, National Broadcasting Commission (NBC), by the Federal Government through the Economic and Financial Crimes Commission (EFCC), presents several agonizing puzzles and contradictions.

Recently, the Minister of Information, National Orientation and Culture, Alhaji Lai Mohammed admitted that government was grateful for the N34 billion realised by NBC through the special auction of part of the 700Mhz digital dividend broadcast spectrum to MTN Nigeria in June 2015.

Lai Mohammed’s feeling of elation and satisfaction stems from the fact that the amount has been critically pivotal in funding the ongoing implementation of the Digital Switch Over [DSO] from analogue transmission.

Emeka-Mba In effect, government is satisfied that the Management of NBC under Mba applied good sense of creativity and innovativeness in creating that critical resource pool that leapfrogged and escalated implementation of the digital switch over plan.

Ironically, while government has appropriated the outcome of that creative and innovative transaction between NBC and MTN, which has given it the impetus to indeed implement the digital switch over along the framework created by Mba’s Management team, the EFCC, an agency of the same government has been seeking grounds to isolate Mba from the high points of the transaction, which culminated in the funds realized from the licensing of the spectrum.

The same EFCC has been studiously working at the same time to criminalize him for working with NBC’s consultants to achieve the desirable. The same consultants that originated the very idea of auctioning the 700Mhz digital dividend broadcast spectrum. Ever heard of cutting one’s nose to spite the face? How is EFCC going about this?

The Commission literally considers that: “well, maybe after all there’s nothing fishy in the transaction, but how on earth could the legal consultants get paid as much as N2.89 billion? This must be evidence of money laundering.”

A lot of ignorance fly around here. Consultants generally and legally negotiate transaction success fees in percentages- whether the transaction is a Public-Private partnership requiring the services of transaction advisors or an industry-specific technical intervention such as the one under review benefits are negotiated in percentages.

The consultants benchmarked its demand for a transaction success fee on a threshold. Both the board and Management of NBC negotiated this down.

It is important that we go through this carefully once more. The EFCC has changed its accusations against Mba severally since this matter was evidently manufactured. And it would appear that the idea is to rope Mba in, by hook or crook. Initially, members of the public were told that Mba misappropriated N15 billion.

The documents of how the transaction was originated, all the justifications and approvals- by even the relevant ministers and the Federal Executive Council- up till its perfection and the crediting of NBC accounts are clear, open and available.

No money was misappropriated. As a matter of fact, no money was even under any threat of misappropriation. The amount in question was lodged with Zenith Bank as collateral for the set top boxes manufacture and government approved rebate for Nigerian households, being a key demand by the Set Top Box Manufacturers Association of Nigeria, before they could even engage or manufacture.

 #Never mind that due approvals from the NBC Board, Minister, Federal Executive Council as well as President and Commander-in-Chief are all in place.

Puzzles! The puzzles continue. For example, one of the charges against Mr. Mba is: while being director general of the NBC on or about the 31st day of August 2015, “awarded contracts for the supply of set top boxes in the sum of N1,237,400,000 (one billion two hundred and thirty seven million, four hundred thousand naira) for the Digital Switch Over for the National Broadcasting Commission to Gospell Digital Technology, Trefoil Global Investment Limited, Zinox Technology, Media Concept International Limited, Digitune Media Technology Limited, SMK Engineering & Construction Limited, I-Box Engineering Limited, Innosson Communications Limited, African Cable Television Limited, Trendcorp Africa Limited, TV Enterprises, STB Manufacturing Co Ltd, and Design Build Concept Limited without seeking approval of the Bureau of Public Procurement contrary to section 40 of the Public Procurement Act No. 65, 2007, and punishable under section 58 of the same Act.”

But, if all 13 companies got manufacturing contracts illegally, why are they still being used to manufacture the set top boxes? Is it possible that the fact that they are manufacturing the set top boxes as spelt out in the contracts has vitiated the purported “illegality” of the contract as contended by the EFCC?

And if that were to be the case, why is Mba’s status never viewed by the same EFCC through the prism of the successful outcome in every department of the entire framework, engagement, implementation and deployment of the Digital Switch Over?

The reality, however, is that all the set top boxes currently being used for the DSO pilot flag-off in Jos, and the DTT signal distribution service recently launched in Abuja by the Vice President, Prof. Yemi Osibajo, are totally and fully the proceeds of what the EFCC contends are illegal transactions, for which Mba is now being prosecuted.

It is like saying that the ram is rotten, but its barbecue (suya) is, nevertheless, irresistibly tasty. Think about this puzzle. For over a decade, Nigeria despite several vows by government, could not meet its international obligation to transition from analogue to digital broadcasting, as mandated by the International Telecommunications Union (ITU).

The recurring challenge over government’s inability to meet this obligation had always been blamed on unavailability of funds. Successive governments failed to appropriate necessary funding for this very crucial national development program, despite mouthing all sorts of promise.

In 2014, the NBC’s legal consultant, Basil Udotai, submitted a proposal to the Commission to help raise funds through a special auction for the DSO project.

The NBC Management, headed by Mba thought the proposal was brilliant. He got the board of the agency involved and the board gave its nod.

All necessary due diligence were done, and transaction success fee requested by the consultants was cut down from 20% to 10% by the board.

It is the cumulative value of that 10% transaction success fee that the EFCC is now holding unto and dressing it up with the bizarre, but annoying toga of the “crime” of money laundering. The straightforward and intelligent thing to do, you would imagine, is examine records of transaction success fees for consultants in similar or related transactions in Nigeria and show graphically how the one in question differs injuriously to NBC from national industry rates.

Strikingly, for the first time in the history of alleged corruption cases brought up by the Commission, the EFCC has been unable in the charges levelled against Mr. Mba, to trace any money to Mba or establish any ground on which Mba may have directly benefited by the transactions or indeed even by its own standards of money laundering.

But, by gosh, no, just hold Mba; subject him to media trial; intimidate, malign, and wear him out. Like Cinna the Poet (in William Shakespeare’s “Julius Caesar”), lynch him; even if he is obviously not Cinna the Conspirator.

After all, some names also carry dire consequences. Although things rapidly lose their meanings these days and the ceremony of innocence is brutally drowned, Emeka’s case is one puzzle and contradiction that will continue to torment the conscience of this nation.

Obaze writes from Lagos

 

 


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Spotify RADAR Africa Turns the Volume Up on FOLA and Thakzin

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Spotify is turning the spotlight toward the next wave of African music innovators with its latest RADAR Africa picks: Nigerian Afrobeats talent FOLA and South African Afro House DJ and producer Thakzin. As part of Spotify’s ongoing commitment to discovering and amplifying emerging voices across Sub-Saharan Africa (SSA), RADAR continues to champion boundary-pushing artists shaping the sound of tomorrow.

FOLA, born Folarin Odunlami, first caught attention with his freestyles on social media, quickly making a name for himself with his blend of Afrobeat rhythms and soulful storytelling. His breakout EP What A Feeling, featuring the Bella Shmurda-assisted hit “Who Does That,” laid the foundation for a fast-rising career that now includes collaborations with BNXN, Magixx, and BhadBoi OML. “Looking at where I’m coming from, I see every opportunity as a blessing. So, it’s a blessing to have been selected, just like others before me,” says FOLA. “I want my fans to know that in the midst of all the noise, I made something they could truly connect with, feel and share with those who mean something to them. I want everyone who listens to at the very least, recognise that they’re witnessing the early days of something truly special.”

On the southern tip of the continent, Thakzin’s journey began in Ivory Park, Johannesburg, where early jazz and kwaito influences, plus a deep respect for traditional percussion, shaped his signature sound. With co-signs from Black Coffee and international tastemakers like Laurent Garnier, his genre-defying approach to Afro House, heard in his 2023 anthem “The Magnificent Dance,” is setting global dance floors alight. Following the release of Magnificent Dance, his version of Horns In The Sun by DJ Kent became a viral hit across South Africa and gained global traction, potentially surpassing the success of Magnificent Dance itself. Thakzin’s sound is rooted in African spirituality and healing, inspired by the rhythmic power of traditional drums. Shaped by a musical upbringing and guided by his father, a keyboardist, he blends rich harmonies with percussive elements to create an immersive Afro-house experience. His music evokes emotion, movement, and ancestral energy, anchored in freedom and African expression. In recognition of his role in shaping 3-step, Thakzin was the first cover artist of Spotify’s 3 STEP playlist.

Spotify RADAR isn’t just a platform, it’s a launchpad. It reflects Spotify’s commitment to empowering local artists across SSA and delivering the best listening experience in the region. From Lagos to Johannesburg, RADAR celebrates the diversity of talent on the continent, offering artists equal access to global audiences.

“At Spotify, we believe in the power of African storytelling through music. FOLA and Thakzin are both incredibly unique artists who represent the spirit of RADAR—fresh voices with global potential,” says Phiona Okumu, Spotify’s Head of Music, Sub-Saharan Africa. “By amplifying their journeys, we hope to inspire more creators across the continent to believe in their vision and reach for bigger stages.”

With FOLA and Thakzin stepping into the spotlight, one thing is clear: Africa’s future sound is already here, and Spotify is where you find it first.


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Paradigm Initiative Applauds Malawi’s Judiciary for Outlawing Criminal Defamation

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Paradigm Initiative (PIN) commends the decision by the High Court of Malawi, sitting as the Constitutional Court (ConCourt), which finds that section 200 of the Penal Code of Malawi, criminalising defamation, is unconstitutional. This follows a unanimous ruling by Justices Chifundo Kachale, Fiona Mwale, and Mzondi Mvula.

The decision by the three-judge bench concludes a case brought by Joshua Chisa Mbele against the Director of Public Prosecutions and the Attorney General, where the latter leveled charges against Mbele for alleged defamatory statements made regarding a public official in Malawi. In his defence, Mbele challenged the constitutionality of section 200 of the Penal Code of Malawi, which criminalised defamation, arguing that this provision infringed the right to freedom of expression as provided for under section 35 of the country’s Constitution, as well as running counter to Malawi’s obligations under regional and international human rights law.

In its commendable ruling, the ConCourt upheld the right to freedom of expression enshrined in the Malawian Constitution and described the punishment of imprisonment, as outlined in Section 200 of the Malawi Penal Code, as having a “chilling effect on public discourse and democratic participation.” In a ruling delivered on July 16th, 2025, the court said it did not find Section 200 of the Malawi Penal Code reasonable or necessary in light of the civil remedies available to deal with defamation.

PIN celebrates this win, having expressed concerns in the past over Malawi’s repressive laws through the Londa report on the state of digital rights and inclusion in Malawi and a joint advocacy statement calling for the repeal of laws infringing on freedom of expression.

PIN hopes that this decision will stir the legislature in Malawi to repeal laws that have a bearing on freedom of expression such as the Electronic Transactions and Cybersecurity Act 2016, which is increasingly being deployed as a weapon to criminalise freedom of expression and media freedom in Malawi with broad provisions such as section 87 that criminalises publication of offensive communications and an overly broad section 91 of the Act (prohibiting cyber spamming) which has been used to target individuals for insulting the President.

Acknowledging the judiciary’s vital role in promoting fundamental rights and freedoms and ensuring that repressive laws are outlawed, PIN applauds the progressive decision. The Malawi judiciary has demonstrated this leadership with a landmark case that can lead to further legislative reforms in Malawi and inspire other African judiciaries to adopt a human rights-based approach to adjudicating over such cases.


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Canal+ Clears Final Hurdle to Acquire South Africa’s MultiChoice

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France’s Canal+ said Wednesday it had cleared the final regulatory hurdle for the buyout of Africa’s largest pay TV enterprise, MultiChoice, and further expand its footprint on the continent.

The company said in a statement that the South African Competition Tribunal had given its approval for Canal+ to acquire the approximately 55 per cent of MultiChoice shares it does not already own.

The approval “clears the way for us to conclude the transaction in line with our previously communicated timeline” by October 8 at the latest, Canal+ chief executive Maxime Saada said in a statement.

“I’m excited about the potential this transaction unlocks for all stakeholders… the combined Group will benefit from enhanced scale, greater exposure to high-growth markets and the ability to deliver meaningful synergies,” he added.

Canal+ is present in 25 African countries through 16 subsidiaries and has eight million subscribers, according to the French group.

MultiChoice operates in 50 countries across sub-Saharan Africa and has 14.5 million subscribers, it says. It includes Africa’s premier sports broadcaster, SuperSport, and the DStv satellite television service.

“It is a hugely positive step forward in our journey to bring together two iconic media and entertainment companies and create a true champion for Africa,” Saada said about combining Canal+’s French language offerings with the English and Portuguese content on MultiChoice.

Canal+ hopes that the acquisition will allow it to grow to 50 to 100 million subscribers in a few years, from 27 million currently.

The mandatory share offer of 125 rand (6 euros) per share values MultiChoice values the company at $3.0 billion (2.6 billion euros).

The approval came with several public-interest conditions worth about 26 billion rand over three years and keeping MultiChoice’s headquarters in South Africa. Shares in Canal+ climbed 1.3 per cent in trading in London, and are up 12.8 per cent this year.

 


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