News
Federal High Court Strikes Down NBC’s 2.5% Gross Income Levy on MultiChoice
Justice James Omotosho of the Federal High Court Abuja has struck down Section 2 (10) (b) of the National Broadcasting Code, 6th Edition, which required broadcasters to pay 2.5% of their “Gross Annual Income” as an Annual Operating Levy.
This judgement followed a suit filed by MultiChoice Nigeria Ltd and Details Nigeria Limited (GO TV) against the National Broadcasting Commission (NBC).
Delivering judgement on Wednesday, Justice Omotosho, ordered that the provision be struck down and replaced with ‘Net Annual Income’ instead of the existing ‘Gross Annual Income.’
The court also barred the National Broadcasting Commission (NBC) from demanding the plaintiffs’ VAT remittance, FIRS reports, bank statements, audit adjustment journals, trial balances, and general ledgers for the purpose of computing the plaintiffs’ annual income, other than the annual audited accounts of the companies as stipulated in the NBC Code.
The judge stated that the NBC can only access the other financial documents of MultiChoice through sister agencies such as the Federal Inland Revenue Service (FIRS).
In the suit, the plaintiffs’ counsel, Moyosore Onigbanjo, SAN, sought several reliefs, including a determination of whether the NBC had the authority to demand any financial documents other than the annual audited accounts.
He also sought clarification on whether the term “gross annual income,” as used in the NBC Code, was fair and equitable.
“Income, as provided by the NBC Code 6th Edition, is not defined, nor is it defined in any previous editions or in the NBC Act of 2004,” the counsel submitted in court.
Onigbanjo also asked the court to determine whether the waiver or agreement between the plaintiffs and the NBC to pay a flat rate of N800,000,000 (Eight Hundred Million Naira) as Annual Operating Levy for the years 2020–2023, including certain previous years, was binding on both parties.
Counsel to the NBC, Victor Ogude SAN, argued before the court that the agreement was not binding on the NBC, as the NBC’s acting Director-General who entered into the agreement on its behalf acted beyond his powers.
He contended that the NBC was entitled to the full amount payable.
Ogude also urged the court to uphold the NBC’s oversight role over MultiChoice and Details Nigeria.
Delivering his verdict on Wednesday, Justice Omotosho, said with his experience as a trained economics teacher, running a business like the one operated by the plaintiffs requires significant capital and expenses. It is only fair, he said, that these expenses be deducted before the Annual Operating Levy is paid.
He stated that net income is the actual profit after subtracting all business expenses, adding that the taxable amount cannot be determined when calculating gross profit but should be based on net profit.
The judge emphasized that the Annual Operating Levy charged by the NBC is a form of tax imposed on broadcasters.
He held that it would be unjust to impose it on their gross income.
“The proper and lawful income to impose a levy on is the net income,” he said, adding that this aligns with tax laws and global best practices. “In the United States, for instance, companies pay a flat rate of 21% on their profits, determined after all expenses have been deducted. Similarly, in the United Kingdom, a 25% corporation tax is imposed on company profits.”
“From this Court’s knowledge of economics, gross income implies all money that accrues to a person or business within a specific time. This gross income typically does not account for company expenditures such as production costs, rent, vendor payments, staff salaries, taxes, and other costs. It is only after all these payments are made that the company determines its profit, known as net income.”
“Consequently, this Court holds that Section 2 (10) (b) of the National Broadcasting Code, 6th Edition, which demands 2.5% of Gross Annual Income from broadcasters as an Annual Operating Levy, is unconscionable, unfair, and stifling to the plaintiffs,” Omotosho ruled.
Furthermore, Omotosho noted that the plaintiffs had provided credible and documentary evidence showing they had faithfully paid their Annual Operating Levy (AOL) without fail, and the defendant did not challenge these documents.
He said the NBC’s claim that it was entitled to N4 billion, as stated in its letter dated August 15, 2023, was unsupported by any evidence.
“Simply basing its claim on the fact that the plaintiffs increased their subscription fees is grossly insufficient. First, there is no evidence before the court that subscription fees were increased. Second, the defendant failed to consider that the plaintiffs may have increased their production costs or incurred additional expenses. This Court refrains from speculation as the defendant has invited it to do,” Omotosho added.
Regarding the agreement, Omotosho ruled that when parties express their intention and enter into a binding agreement, neither party is allowed to abandon the agreement simply because one or more of its terms are unfavorable.
The judge declared that the agreement between the defendant and MultiChoice, or the waiver on the payment of N800,000,000 (Eight Hundred Million Naira) throughout their current “DTH license”, is binding on both parties.
He also restrained the NBC from demanding any additional sum from the plaintiffs as AOL for the years in which they have already made payments.
He issued a perpetual injunction restraining the NBC, its servants, agents, or privies from sanctioning, fining, or suspending the plaintiffs’ license, contrary to the court’s judgment on the issues raised.
IHS Nigeria and its implementing partner, the United Nations Child Education Fund (UNICEF) has expressed satisfaction that the Oxygen Plant recently donated to Rivers State is helping to bridge the health Gap in the state and its environs.
This observation was made recently when officials from IHS Nigeria and UNICEF, carried out a project inspection visit to the plant located at the General Hospital in Eleme, Rivers State.
During the handing over of the oxygen plant to the Rivers State Government in 2024, the facility was reported to have a production capacity of 123 oxygen cylinders and 720,000 litres of oxygen every 24 hours.
The plant was built under a Public-Private Partnership involving UNICEF, the Canadian Government, IHS Nigeria, in partnership with the Rivers State Ministry of Health through the State Hospital Management Board.
Speaking during the visit to the facility yesterday, the Director of Sustainability at IHS Nigeria, Titilope Oguntuga, noted that the oxygen plant has saved lives and is helping to bridge health gaps in the eight other states where similar plants are located.
She further explained that the visit reflects the organisation’s commitment “not only to create opportunities for impact but to also continue supporting the healthcare industry by carrying out such interventions that directly impact individuals and saves lives. This plant is one of the nine oxygen plants we have built across the federation,” she said.
“We are particularly excited that it is helping to bridge health gaps—not just in Rivers State and its environs, but in all the states where the plants are currently located.”
Oguntuga informed that in terms of sustainability “we focus our intervention sustainability on four pillars; ethics and governance, education and economic growth, environment and climate change and finally, people and communities”.
She added that “the visit to the Rivers State oxygen plant is to have an assessment of how well the plant is functioning, the impact it is currently making and to generally understand how the operation is going”.
On his part, Chief of UNICEF Field Office, Port Harcourt, Dr Anslem Audu, stated that the plant has been very functional and useful to the people of Rivers State. According to him, “During the COVID-19 pandemic, a lot of patients needed oxygen and oxygen was not available. So many children will come down with pneumonia and it will become an emergency, they will need oxygen, but oxygen is not available in the hospital. But with this plant now available no child will die because of lack of oxygen in the hospital. The era of lack of oxygen is no longer there.
Audu added that “You can practically visit any of the hospitals in Port Harcourt and find out that they have oxygen and the product is from this plant all thanks to IHS Nigeria, the Canadian Government and UNICEF”.
The UNICEF field officer, who confirmed that the plant is functioning optimally, said it is producing enough oxygen for the state’s needs.
In his words, “The partnership between these three organizations and the Ministry of Health in Rivers State has really worked, and we are reaping the benefits of the partnership.
He urged the implementing partners, especially the government, to also invest in the sustainability of the facility by providing a source of electricity for the plant to be more functional.
Earlier, the Medical Director Eleme General Hospital, Dr Leechi-Okere Clarabelle, noted that since the day of the unveiling, the plant has been functioning very well. Commenting on impact he noted that “We’ve had success stories whereby oxygen is distributed to public hospitals in the state, including the two teaching hospitals in the state and then we have also extended distribution to some private hospitals within the state.
“We have two hubs that serve as storage and distribution points because of the location of the plant. We produce here and store somewhere in Port Harcourt so that people who come from a far distance can get oxygen from these hubs.
Joint Admissions and Matriculation Board (JAMB) has accused a 2025 Unified Tertiary Matriculation Examination (UTME) candidate of manipulating his identity and engaging in online blackmail.
Fabian Benjamin, head of public affairs, JAMB, issued a statement on the matter on Thursday.
He said one Chinedu Okeke, currently a 400-level Medicine and Surgery student at the University of Nigeria, Nsukka (UNN), gained admission in 2021 while claiming to be from Amuwo-Odofin, Lagos state.
JAMB said Okeke’s national identification number (NIN) records from 2021 confirm his Lagos origin.
The board stated it does not alter candidate information provided through NIN.
The board, however, said the 400-level student, who is facing potential challenges for incorrect credentials, is now claiming that it retrieved the wrong details for him from the National Identity Management Commission (NIMC) in 2021.
“[This] is unequivocally false, aimed at fabricating a defence for his case,” Benjamin said.
“The evidence suggests that Chinedu altered his records as filled in 2021 before registering for the 2025 UTME, a fact confirmed by even his advocates.”
The board questioned why a 400-level medical student would seek to study mechanical engineering in 2025, especially with “inconsistencies in his claims.”
JAMB alleged that Okeke “took advantage” of Lagos state’s quota in 2021, thereby obstructing the admission opportunities for other deserving candidates from the state.
It added that he then “attempted to manipulate his details with the NIMC” to unjustly claim representation from Anambra state in 2025.
The board criticised “online advocates” for “actively reaching out to Chinedu’s parents to extract emotional narratives rather than factual clarifications, neglecting to seek information directly from the university.”
JAMB affirmed its commitment to maintaining accurate records and preventing candidates from exploiting loopholes.
It warned that if UNN confirms any inconsistencies, it would notify the Medical and Dental Council to consider delisting Okeke.
“When a nation trivialises illegalities, it breeds a future fraught with potential criminality,” Benjamin’s statement concluded.
Africa has become the most targeted region globally for cyber-attacks in the first quarter of 2025, according to new research from Check Point Software Technologies. The company’s Q1 2025 Global Cyber Attack Report reveals a steep rise in malicious activity as the continent continues to accelerate its Digital transformation.
Ethiopia emerged as the most targeted country in Africa during the reporting period. FakeUpdates ranked as the most common malware, while 80% of malicious files across the continent were delivered via e-mail. In contrast, 62% of threats in SA were distributed via the web.
On average, organisations in Africa faced 3 325 cyber-attacks per week – a staggering 72% above the global average of 1 938 attacks per organisation.
Check Point Software unpacked the findings at a media roundtable in Johannesburg. Eli Smadja, global research group manager at Check Point, provided a detailed overview of Africa’s evolving cyber threat landscape, which he said is increasingly defined by AI-powered threats, ransomware, infostealers, edge device vulnerabilities and cloud-based risks.
Among the most concerning developments was the discovery of a previously undocumented multi-stage backdoor, dubbed Stealth Soldier, currently being deployed in cyber operations targeting North African government entities. The malware forms part of a broader command-and-control infrastructure used in spear-phishing campaigns.
Smadja noted a growing trend in malware designed to bypass AI detection systems.
“These aren’t aimed at advanced large language models (LLMs), but rather at lower-level ones,” he said. “It’s about LLM evasion – fooling the AI and manipulating prompts.”
Despite the increasing use of AI in cyber security, Smadja cautioned against over-reliance on AI-driven defence systems. “AI still requires human prompting.”
Check Point is advocating for a zero trust model and a holistic, automated and consolidated approach to cyber security. This includes centralised threat visibility and simplified controls to protect against ransomware, phishing, data theft and vulnerabilities at the edge.
“Just having something at the perimeter isn’t enough,” Smadja said. “Cyber-attacks are not just targeting PCs or servers anymore. For instance, we’ve seen state-sponsored attacks aimed at fuel pumps to disrupt national supply chains.”
He highlighted the importance of understanding external risk – threats originating outside the organisation – especially as AI-driven ransomware and attacks on third-party service providers continue to rise.
“Printers, for example, are a major attack vector,” he added. “They’re often network-connected, and threat actors can exploit them to gain broader access.”
Credentials, Smadja noted, are also a lucrative commodity on the dark web, often selling for around $500.
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