Broadcasting
Court Adjourns Ruling in Suit Challenging DStv’s New Rates
A Federal High Court in Lagos has further adjourned till May 28, 2015 to rule on the preliminary objection to a suit seeking the reversal of the recent 20 per cent increment on DStv subscription rate.
Two Lagos-based legal practitioners, Osasuyi Adebayo and Oluyinka Oyeniji, had filed the class action on behalf of themselves and all other DStv subscribers across the country.
The plaintiffs are seeking an order of the court restraining MultiChoice, the operator of DStv, from implementing the 20 per cent increment on DStv subscription rate which began on April 1, 2015.
But in opposition to the suit, MultiChoice, through its counsel, Mr. Moyosore Onigbanjo (SAN), had filed a preliminary objection, challenging the court’s jurisdiction and the competence of the plaintiff’s suit.
Following arguments from the parties on May 5, 2015, the presiding judge, Justice C.J. Aneke, had adjourned till Tuesday, May 21, to deliver ruling.
The ruling, which was ready, could however not be delivered on Tuesday, as a human rights lawyer, Mr. Ebun-Olu Adegboruwa, who had earlier sought to join the suit as a co-plaintiff, brought a fresh application seeking to opt out.
Adegboruwa had urged the court to allow him withdraw before the ruling so as not to be bound by the pronouncement of the court.
Both Mr. Yemi Salma, who appeared for the original plaintiffs and Mr. A.A. Kelani, counsel for the second defendant, the National Broadcasting Commission, said they were not opposed to Adegboruwa’s move to withdraw from the matter.
But counsel for MultiChoice, Mr. M.K. Adesina, said he was opposed to the hearing of Adegboruwa’s application because it was not yet ripe for hearing.
Adesina, who said he was only served with the application two days before and had not filed a reply, insisted that the business of the court on Tuesday was to rule on the preliminary objection, saying that every other thing must wait till after the ruling.
But Adegboruwa said he had already sought an abridgement of time to hear his application, adding that it would amount to reading the mind of the court if he agreed to wait till the ruling was delivered.
“My Lord, I object to the submission by my learned friend, Mr. Adesina, that this application can only be taken after the ruling because that will be like reading the mind of the court; the ruling of this court could go one way or the other and I don’t want to be bound by it; that’s why I have come before your Lordship to withdraw,” Adegboruwa argued.
Upon hearing out the parties, Aneke adjourned till May 28 to hear Adegboruwa’s application to opt out and to rule on MultiChoice’s preliminary objection.
The plaintiffs are seeking a court order to compel the NBC to regulate the activities of MultiChoice so as to prevent what they described as arbitrary increment in subscription rates.
They specifically want an implementation of the pay-per-view scheme in Nigeria, whereby subscribers would only pay for programmes they watched, as was being done in other parts of the world where MultiChoice operated.
But MultiChoice, through its lawyer, Onigbanjo, argued that the plaintiffs had no cause of action, adding that a court did not have the power to regulate the price of services that a business was offering to its customers.
“My Lord, the country, Nigeria, operates a free market economy; neither the government nor the court can regulate prices. How do you now say, for instance, that one bread is more expensive than the other and then ask the court to order the baker of the more expensive bread to go out of the market?,” Onigbanjo said.
He pointed the attention of the court to MultiChoice’s conditions or terms of agreement, especially clauses 40 and 41 stating that “Multichoice Nigeria may, from time to time, change the fees payable to Multichoice Nigeria for the Multichoice Service by way of general amendment.”
The senior lawyer argued further that there was no existing law in Nigeria empowering the NBC to regulate the prices of services that satellite television operators in the country were offering to their customers.
“The NBC Act does not say that any satellite television operators in the country cannot increase their prices.
“I therefore humbly ask that the plaintiffs’ suit be struck out for being grossly unmeritorious. We will not be asking for cost because they are our subscribers,” Onigbanjo had submitted while moving the preliminary objection on May 5.
Bright Echefu, chief executive officer, Telecom Satellites Limited (TStv), and three co‑defendants appeared before the Federal High Court in Abuja yesterday on an amended twelve‑count indictment brought by the Economic and Financial Crimes Commission (EFCC). The charges allege money laundering, tax evasion, and investment fraud involving approximately ₦1 billion and $1.3 million.
Bright Echefu, chief executive officer, TStv
In addition to Echefu, the defendants are TStv Executive Director, Felix Igboanuga, Telecom Satellites Limited itself, and Briechberg Investment Ltd.
According to the April 5, 2025, amended charge sheet the EFCC accuses the quartet of defrauding Mr. Tanimu Turaki, Managing Director of Kalsiyam Global and former Minister of Special Duties, alongside BYI General Limited, out of a combined investment of ₦1 billion and $1.3 million. The commission has also included a ₦66 million alleged tax default.
The revised indictment lists:
Count 2: ₦33,909,542.47 in unremitted Company Income Tax
Count 3: ₦13,519,382.00 in unremitted VAT
Count 4: ₦19,488,860.00 in unremitted PAYE
Counts 5–12: Various fraud‑related transactions, including ₦380 million from Kalsiyam Farm, ₦400 million from BYI General Ltd and $1.35 million in loans secured under false pretences.
All defendants pleaded not guilty once again. At the hearing before Justice Mohammed Umar, Echefu’s lead counsel, Senior Advocate Eyitayo Fatogun, informed the court of ongoing settlement discussions with the complainants.
“There are moves to settle this matter and there was a meeting on Saturday between myself and the Nominal Complainant as it is about investment,” Fatogun stated.
“The Defendants have paid some money and I was thinking that the matter be adjourned for report of settlement.”
EFCC counsel A.S. Tomwell confirmed receipt of those payments but emphasized the necessity of entering a plea before considering any adjournment. The court thus ordered the formal reading of the charges and adjourned the trial to October 15, 2025.
The government of Ghana has ordered MultiChoice Ghana to reduce DSTV subscription costs by 30%, noting the significant appreciation of local currency and growing dissatisfaction with current rates.
This comes as Nigeria Data Protection Commission (NDPC) has fined MultiChoice Nigeria ₦766,242,500 for breaching the Nigeria Data Protection Act (NDPA).
According to Mr Babatunde Bamigboye, head Legal, Enforcement & Regulations, NDPC, the investigation, which commenced in the second quarter of 2024, was triggered by suspected breach of privacy rights of Multichoice subscribers and illegal cross-border transfer of personal data of Nigerians.
MultiChoice, which operates across Africa, continues to lose revenue and subscribers.
Ghana’s minister of communication, digital technology, and innovation, Samuel Nartey George, made the call last week during a meeting with a DSTV team led by Dr. Keabetswe Modimoeng, group executive for regulatory and corporate affairs.
According to a ministry statement, George said the government’s responsibility is to respond to Ghanaians’ concerns over high DSTV pricing and outdated content offers.
The Minister pointed out that despite a 30% increase in the cedi’s value over the past five months; DSTV prices have not reflected the positive economic trend.
The statement went on to say the minister is therefore calling for a 30% price reduction to match the cedi’s appreciation and to pass on economic benefits to consumers.
According to the statement, while MultiChoice has implemented promotional packages, people prefer a direct price reduction over temporary discounts.
George said feedback from public engagements revealed that many users are dissatisfied with DSTV’s content, describing it as outdated save for Premier League football. They also believe that the current cost is not justified.
”To address the concerns, he said MultiChoice Ghana has until July 21 to formally respond to the government’s request. The Minister expects a concrete proposal by this date, allowing time for further engagement before the end of July,” the statement said.
In response, Dr. Modimoeng acknowledged the government’s concerns and expressed gratitude for the opportunity to dialogue.
The MultiChoice team reacted positively to the minister’s request and committed to provide input by July 21st. They emphasised the need of balancing public interest and business sustainability.
This is the continent’s latest pricing conundrum for the pan-African pay-TV business, following fee disputes with Nigerian and Malawian authorities.
In Ghana, the demand for price cuts comes as MultiChoice is under pressure, having lost revenue and subscribers in the financial year that ended March 31, 2025. Last month, the company announced its financial year-end results.
In a statement to shareholders last month on the Stock Exchange News Service, the company said the past two financial years have been a period of significant financial disruption for economies, corporates and consumers across Sub-Saharan Africa due to challenging macro-economic factors.
Combined with the impact of structural industry changes in video entertainment, such as the rise of piracy, streaming services and social media, this has materially affected the overall performance of the MultiChoice Group, it noted.
Over this period, MultiChoice said the group lost 2.8 million active linear subscribers and had to absorb a R10.2 billion negative impact on its top line due to local currency depreciation against the US dollar.
For the year, the company reveals that linear subscribers were down 1.2 million, or 8% year-on-year, to 14.5 million active subscribers, with the loss evenly split between South African (600 000) and rest of Africa (600 000).
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 relies on recognised lawful bases for data processing, such as consent, legal obligation, and contract.
The fine was contained in a statement signed by Mr Babatunde Bamigboye, head Legal, Enforcement & Regulations, NDPC.
According to him, the investigation, which commenced in the second quarter of 2024, was triggered by suspected breach of privacy rights of Multichoice subscribers and illegal cross-border transfer of personal data of Nigerians.
“The NDPC found, among others, that Multichoice violated the data privacy rights of subscribers and their friends who are not necessarily subscribers.
The Commission also found that Multichoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria.
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.
In line with its 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 ₦766,242,500 for violating the Nigerian Data Protection Act.
“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.” the statement said.
Babatunde also revealed that, Vincent Olatunji, national Commissioner, NDPC, has directed that all outlets through which Multichoice is collecting personal data of Nigerian citizens should be investigated for non-compliance.
He added that any outlet that processes personal data in violation of the NDP Act is liable to penalty under the Act.
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