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Broadcasting

Court Stops NBC from Imposing Fines on Broadcasters

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Federal High Court in Abuja, Wednesday, declared null and void the provisions of the Nigeria Broadcasting Code authorising National Broadcasting Commission (NBC) to impose fines on broadcast stations for breaches of the code.

Court Stops NBC from Imposing Fines on Broadcasters

The court ruled that administrative and regulatory bodies could not exercise judicial powers.

The judgment was on a suit instituted by Media Rights Agenda (MRA) against the NBC following the Commission’s imposition of fines of N5 million each on a television station and three pay TV platforms in 2022 for allegedly undermining Nigeria’s national security by broadcasting documentaries on banditry in Nigeria.

Justice Rita Ofili-Ajumogobia held that the NBC, not being a court of law, acted above its powers by imposing such fines.

The judge commended MRA for its legal challenge of the NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

Justice Ofili-Ajumogobia set aside the fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State, saying the regulator’s action was wrong and unjustifiable in a democratic society.

Uche Amulu, Abuja-based human rights lawyer, filed the suit on behalf of MRA, asking the court to hold, among other things, the NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas.

MRA contended that it would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

MRA also sought a declaration that the procedure adopted by the NBC in imposing the fines is a flagrant violation of the rules of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.

In her judgment, Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the prayers of the organisation.

She, however, refused to grant the organisation’s claim for N700,000 as costs it incurred in litigating the action; another claim for N2 million as general damages for NBC’s infringement on its rights as well as a request for N1 million as punitive damages for the Commission’s “outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations”.

 

 


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Broadcasting

CCPT Dismisses Class Action Suit against MultiChoice over Tariff Hikes

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Competition and Consumer Protection Tribunal (CCPT) in Abuja has dismissed a class action suit filed by one Uche Diala and 961 other DStv and GOtv subscribers against MultiChoice Nigeria and the Federal Competition and Consumer Protection Commission (FCCPC), citing lack of jurisdiction.

CCPT Dismisses Class Action Suit against MultiChoice over Tariff Hikes

The suit challenged MultiChoice’s subscription price increases in November 2023 and May 2024, which the claimants described as arbitrary, exploitative, and unfair.

Diala and others sought to reverse the hikes and compel the company to adopt a more flexible billing model, such as a pay-as-you-view system used in other countries like South Africa.

They also accused MultiChoice of price discrimination against Nigerian consumers.

MultiChoice, through its counsel, raised a preliminary objection, arguing that pricing decisions do not fall within the tribunal’s remit and that the suit was improperly filed as a class action without first seeking the tribunal’s leave.

In its ruling on Thursday, the tribunal’s three-member panel led by Justice Thomas Okosun held that the core issues raised, which were pricing and tariff regulation, fall under the exclusive purview of the executive branch, particularly the President, as stipulated under the Price Control Act.

“The issue of price regulation is a matter that falls within the exclusive purview of the President of the Federal Republic of Nigeria,” Okosun stated.

While the tribunal acknowledged it holds both original and appellate jurisdiction under the FCCPC Act, it emphasized that such authority does not cover general price control unless abuse of market dominance is established—a point the claimants failed to prove.

On the procedural matter of filing a class action without prior approval, the tribunal noted that although it is ideal to obtain leave, failure to do so was not fatal in this instance since the claimants demonstrated a shared grievance and common interest.

Nonetheless, the tribunal upheld MultiChoice’s objection, ruling that it lacked jurisdiction to adjudicate the matter.

“The preliminary objection of the first defendant succeeds,” the panel held. “This suit is accordingly struck out for want of jurisdiction.”

This ruling follows a similar outcome on May 8, when a Federal High Court in Abuja upheld MultiChoice’s price increases after the company sued the FCCPC.

In that judgment, Justice James Omotoso declared that the FCCPC lacked the authority to fix or suspend subscription rates.


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Broadcasting

MultiChoice Nigeria Slashes Decoder Price by 50 Percent, Offers Free Upgrades

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MultiChoice Nigeria has slashed the price of its DStv decoder from N20,000 to N10,000, representing a 50 percent drop, in a aim at attracting attract more customers and curb declining subscriptions.

MultiChoice Nigeria Slashes Decoder Price by 50 Percent, Offers Free Upgrades

The campaign, titled “We’ve Got You,” was launched on June 16 and will continue until July 31.

Also, as part of its efforts to ease economic pressure on households and improve access to digital TV services, the campaign offers a free upgrade for both active and returning customers.

Speaking on the campaign, John Ugbe, chief executive officer (CEO) of MultiChoice Nigeria, said the initiative reflects the company’s commitment to rewarding loyalty and enhancing daily viewing experiences.

“We want to ensure our customers feel appreciated and have access to the best entertainment every day,” Ugbe said.

“The ‘We’veGot You’ campaign is about making premium content more accessible and showing that DStv offers something for everyone, not just football fans.

“By repositioning itself as a platform for daily value, DStv aims to encourage content discovery across a wider array of genres, including movies, drama, kids’ programming, and news.

“This means more channels, more shows, and more reasons to tune in every day.”

The development comes amid MultiChoice Nigeria’s legal battle with the Federal Competition and Consumer Protection Commission (FCCPC) over price hike.

 


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Broadcasting

Qatar Airways Top Brass Face Court Action in Nigeria Over FCCPC Charges

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Federal Competition and Consumer Protection Commission (FCCPC) will, on Oct. 7, arraigned the Chief Executive Officer (CEO) of Qatar Airways, Mr Temi Birdzell, alongside the company and its top officers, over allegations bordering on breach of FCCPC Act, 2018.

The defendants will be arraigned before Justice James Omotosho of the Federal High Court in Abuja.

Others to be arraigned with Birdzell are Stella Ihediwa, the Account Manager of the airline; Kennedy Chirchir, the Country Manager and Eva Ojeje, who is the Sales Manager of the company.

Although the arraignment was scheduled for Tuesday, the matter could not proceed.

Upon resumed hearing, none of the defendants was in court.

When the matter was called on Tuesday, none of the defendants was in court due to improper service of the court documents, including the hearing notice, on them.

FCCPC.’s lawyer, Chizenum Nsitem, told the court of their inability to serve four of the defendants, although the company was served.

Nsitem then sought an adjournment to enable them do the needful and the judge adjourned the matter until Oct. 7 for the defendants to take their plea.

The News Agency of Nigeria (NAN) reports that the commission, in the charge marked: FHC/ABJ/CR/200/2025, dragged Qatar Airways, Birdzell, Ihediwa, Chirchir and Ojeje to court as 1st to 5th defendants respectively.

FCCPC, in the application dated May 26 but filed May 27, had preferred a two-count charge against the defendants.

The defendants were alleged to have failed to appear before FCCPC in compliance with a lawful summons of the commission dated Sept. 6, 2024, and thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection (FCCPC) Act, 2018.

They were also accused to have on Sept. 18, 2024, intentionally withheld the production of documents in compliance wth a lawful summons of the commission, thereby committed an offence contrary to and punishable under Section 111 of FCCP Act, 2018.

In count three, they were alleged to have on Sept. 18, 2024, engaged in the contravention of the consumer rights, thereby committed an offence contrary to Section 124(1) and punishable under Section 155 of the same Act.


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