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EFCC v. Emeka Mba: The Puzzles and Contradictions

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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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Simi to Feature on Glo Sponsored African Voices

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This week, the incredible talents of Nigerian singer, songwriter, and actress Simisola Bolatito Kosoko, better known by her stage name, Simi, will be highlighted on African Voices Changemakers, an interview program sponsored by Globacom on Cable News Network (CNN).

Simi began her career initially as a gospel singer. Her debut studio album, “Ogaju”, was released in 2008. After she got a record deal with X3M Music in 2014, she released the album “Tiff,” which was nominated for a 2015 Headies Best Alternative Song award.

Her debut studio album, “Omo Charlie Champagne”, Vol. 1, was released to mark her 31st birthday on April 19, 2019, and her second album, “Simisola”, was also released the same year. She became the CEO of her own label, Studio Brat, which she launched in June 2019.

Simi was one of the judges of the Season 7 of the Nigerian idol TV show in 2022.

Mother of a girl named Dejare, Simi married popular musician, Adekunle Gold in 2019 having graduated from Covenant University in Ota, Ogun State. Some of her works include “Joromi”, “Know You”, “Jericho”, and “Duduke”.

On Saturday at 8.30 a.m., the 30-minute magazine show will air on the global channel. Reruns can be seen on Saturday at noon, Sunday at 4.30 a.m., and Sunday at 7:00 p.m. Another rerun will air at 4 a.m. on Monday of the following week, 8.30 a.m. and 12 p.m. on Saturday, and 7 p.m. and 9.30 p.m. on Sunday.


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Canal+ Offer for MultiChoice Gains Shareholders’ Support

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Some MultiChoice shareholders have expressed relief at the offer by Canal+ to buy Africa’s pay TV giant for $2.9 billion, essentially viewing the potential deal as a vehicle for them to be rescued from an investment that has turned sour.

Canal+ Offer for MultiChoice Gains Shareholders’ Support

On April 8,, the deal inched closer to being cemented when the board of MultiChoice agreed to cooperate with Canal+, a sign that it was warming to a tie-up with France’s broadcasting conglomerate.

The board initially rejected the offer by Canal+ to buy the MultiChoice shares that it does not already own for R105 each, saying it was too low and undervalued the company’s growth prospects.

But MultiChoice has been convinced to reconsider its position after Canal+ improved the offer to R125 per share. Canal+ already owns 40.01% of MultiChoice shares on the JSE and wants to pay R35-billion to buy the rest of the company and take control of it.

The next big test is whether MultiChoice shareholders will support or reject Canal+’s offer, which requires support from 90% of shareholders to get the multibillion-rand deal over the line.

Daily Maverick canvassed the views of MultiChoice shareholders and industry players about the merits of the deal and whether they planned to throw their weight behind it when it comes up for a vote in the coming months.

Early indications are that some shareholders view the deal as a blessing and an opportunity to bail out from their investment in MultiChoice.

Before Canal+ made a move on MultiChoice, the latter’s share price had been down by 22% as its operations came under pressure from declining DStv subscriber numbers and intense competition from streaming services such as Netflix, Amazon Prime and Disney+.

Its earnings have also taken a hit of billions of rands because of the depreciation of African currencies against the US dollar, especially the Nigerian naira.

MultiChoice also had a run-in with regulators; in Nigeria, it ran into problems relating to outstanding tax payments. In South Africa, competitors including the SABC and eMedia (the owner of e.tv) have complained to regulators, accusing MultiChoice of anti-competitive behaviour and using its dominant position to restrict access to its broadcasting platforms and dictating restrictive licensing agreements.

The investment community response

Anthony Sedgwick, the cofounder of Abax Investments, was withering in his assessment of MultiChoice’s investment prospects. “Put frankly, we were relieved to see Canal+ finally step up and bail us out of the position,” he said.

According to MultiChoice’s latest annual report, Abax Investments held 0.34% of its shares. But Abax recently sold those shares, taking advantage of MultiChoice’s 25% share price jump since Canal+ initially tabled its buyout offer in February.

“We think Multichoice is a great business that produces an incredible variety of content, creates opportunities for so many talented people, supports a huge variety of good causes and is a real South African business champion.

“But it operates in unfriendly regulatory countries … and faces some headwinds from hard currency priced content and broadcast costs,” Sedgwick said.

Asief Mohamed, the chief investment officer of Aeon Investment Management, shared Sedgwick’s concerns about MultiChoice.

“My guess is that the other shareholders will likely accept the R125 offer. Governance has for a long time been a concern of some shareholders, including ourselves,” Mohamed told Daily Maverick.

MultiChoice’s latest annual report puts Aeon’s shareholding in it at 0.43%.

Merits of the deal

Canal+ has argued that the aim of buying MultiChoice would be to combine both businesses to create an entertainment giant that can survive a market facing intense competition and declining advertising revenue.

A combined Canal+ and MultiChoice will boast media businesses in many African countries, from South Africa and Nigeria to Senegal and Cameroon.

Not all investors are pessimistic about MultiChoice, its business fundamentals and investment prospects. In fact, when MultiChoice ran into tax troubles in Nigeria in July 2021, which precipitated a steep decline in its share price (to a low of R115), Argon Asset Management saw it as a buying opportunity. It bought MultiChoice shares and has since maintained its holding in the company to about 0.41%.

Asked why Argon remained bullish about MultiChoice, the asset management firm’s equity analyst, Richard Court, said: “Simplistically, there are two parts to MCG [MultiChoice Group]. There is the mature South African business, which, for the most part, was highly profitable and cash-generative.

“Then there is the business that MCG is building in the rest of Africa, which was actually a drag on profitability, and it was still quite small in the life of MCG from a bottom-line perspective. Nigeria takes up a lot of the bandwidth.

“We think the market was overly pessimistic on the prospects of the rest-of-Africa segment. We thought the market was overreacting to the possibility of a tax penalty coming out of Nigeria. The share price fell back and we just took the buying opportunity. We thought that MCG share was worth more than the levels at the time.”

Court said MultiChoice had managed to defend its premium TV segment (consumers who subscribe to DSTV premium packages) despite the arrival of international streaming services in South Africa.

“It did quite well in the lower segment and in the lower-cost offerings by growing subscriptions in those markets. Management was doing the right thing strategically and executing quite well on that strategy,” he said.

MultiChoice’s investments into Showmax strengthened its defence position, he said.

Argon’s house view is that Canal+’s R125 offer undervalues MultiChoice and its growth prospects.

“At the moment, we are unlikely to accept at R125. In a few years from now, if they’re able to build Showmax and if Nigeria stabilises, which we can’t say when, then I think the outlook for MCG is going to be a lot rosier than what it is now. I think the market would recognise that and that should reflect in the share price,” Court said. He was unwilling to comment on what he thought would be a fair offer from Canal+.

Canal+ said the media industry in which MultiChoice was operating “is becoming increasingly globalised and competitive, with regional media companies having to compete with the firepower of global media titans, with enormous resources to invest in content, marketing and technology…”

With a customer base of 22 million, MultiChoice’s growth strategy involves investing in local and international content for its streaming service, Showmax, and Canal+ is likely to provide capital to fund the growth.

Peter Takaendesa, the head of equities at Mergence Investment Managers, has argued that only companies with scale and a strong balance sheet are likely to survive changes in the entertainment industry.

“Canal+ and MultiChoice can leverage content and financial strength. However, there is still no guarantee of success, as the fight against global streaming giants is intense.”

Other large MultiChoice shareholders are yet to opine on the deal. They include the Public Investment Corporation (PIC), which holds 13%, M&G Investments (more than 7%) and Allan Gray (6%). Allan Gray declined to comment to Daily Maverick, and M&G and the PIC were not available to do so.

Another MultiChoice shareholder that is not ready to express its view on the Canal+ deal is Sanlam Investments, which has a 1.9% interest in the broadcasting company. Sanlam said it opted not to express its stance or intentions “considering the sensitive nature of ongoing negotiations” pertaining to the deal.

“While we understand the importance of transparency and accountability, we believe it is essential to maintain confidentiality and prudence when dealing with such matters,” Sanlam said.

The MultiChoice-Canal+ deal is likely to take two years to be completed, as it still requires regulatory approval.

Credit: Daily Maverick

 

 

 


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FemyWalsh Set to Launch FM Radio in Lagos

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FemyWalsh Limited, media conglomerate, is set to launch its flagship FM terrestrial radio station as it receives its licence from the National Broadcasting Commission (NBC).

FemyWalsh Set to Launch FM Radio in Lagos

This adds yet another media asset to the FemyWalsh group, which already comprises SOUQ News TV, Walsh Radio Online, Terminal Seven Audio-Visual Studio and Walsh Photography.

Victor Walsh Oluwafemi, company CEO, and Dr Idahosa Osamhanze, vice president, were presented with the operational licence by Mr Charles Ebuebu director general NBC at the commission[s  office in Abuja.

This move marks a significant expansion in FemyWalsh’s media footprint and paves the way for broader audience engagement and impact. With the addition of this new licence, FemyWalsh is poised to reach even more viewers and listeners across Nigeria.

The company’s commitment to delivering high-quality content and innovative programming remains unwavering.

According to Oluwafemi, acquiring the terrestrial FM radio licence underscores the group’s ambition of being the largest and most impactful media network across Nigeria, as well as the African region.

“Getting into the terrestrial radio space and securing the operational license represents a pivotal moment for the FemyWalsh group as we continue to evolve and innovate in the media landscape. Radio has long been a powerful medium for reaching diverse audiences, and we are thrilled to leverage this platform to amplify further our mission of empowering SMEs and driving economic growth in Nigeria.”

For his part, Osamhanze, who is the Vice President of the organisation, also made it known that this was a dream come true, and a representation of the company’s dedication to the long-term development of the Nigerian media space. “With this new initiative, FemyWalsh Limited is poised to make a significant contribution to the future of Nigerian media. We are thrilled for the opportunity to foster a thriving media landscape for years to come.”

FemyWalsh Limited is the owner of SOUQ News TV, a digital satellite channel licensed for broadcast in Nigeria and the United Arab Emirates.

The radio licence acquisition comes at a time when SOUQ News TV is experiencing rapid development and expansion, building on its established reputation for excellence in journalism and commitment to serving its viewers.

 

 

 


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