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.
Nigeria Sanctions Committee (NSC) has designated Simon Ekpa, 16 other persons and two entities, for their alleged involvement in supporting terrorist activities and terrorism financing.
Simon Ekpa
The committee further directed financial institutions to freeze their assets and report any transactions related to the individuals and entities to the Sanctions Committee and the Nigerian Financial Intelligence Unit (NFIU).
Those named on the list include Simon Ekpa, Godstime Promise Iyare, Francis Mmaduabuchi, John Onwumere, Chikwuka Eze, Edwin Chukwuedo, Chinwendu Owoh, Ginika Orji, Awo Uchechukwu, and Mercy Ebere Ifeoma Ali.
Others are Ohagwu Juliana, Eze Okpoto, Nwaobi Chimezie, Ogomu Kewe, Igwe Ka Ala Enterprises, Seficuvi Global Company, and Lakurawa Group.
According to a document obtained from the committee on Thursday, the list was approved by the President upon the recommendation of the Attorney General of the Federation.
“The Nigeria Sanctions Committee held a meeting on March 6, 2024, where specific individuals and entities were recommended for designation following their involvement with terrorism financing.
“The Attorney General of the Federation, with the approval of the President, has thereupon designated the following individuals and entities to be listed on the Nigeria Sanctions List.
“In accordance with Section 54 of the Terrorism (Prevention and Prohibition) Act, 2022, you are required to:
“(a) Immediately identify and freeze, without prior notice, all funds, assets, and any other economic resources belonging to the designated persons in your possession and report the same to the Sanctions Committee.
“(b) Report to the Sanctions Committee any assets frozen or actions taken in compliance with the prohibition requirements.
“(c) Immediately file a Suspicious Transactions Report (STR) to the NFIU for further analysis of the financial activities of such individuals or entities.
(d) Report as an STR to the NFIU all cases of name matching in financial transactions prior to or after receipt of this list.”
The committee ordered the immediate freezing of bank accounts and financial instruments associated with the listed individuals and entities across multiple banks, payment platforms, and financial institutions.
“Freezing measures should be extended to all accounts associated with the designated subjects. For designated entities, this should include accounts linked to their signatories and directors to ensure comprehensive enforcement of the sanctions regime,” the document added.
The committee also stated that financial institutions and relevant stakeholders have been instructed to enforce the sanctions and submit compliance reports to the Nigeria Sanctions Committee via [email protected] and
See the full list of the frozen accounts below
- Simon Ekpa Njoku 21-03-1985 Guaranty Trust Bank 0118835791, 0115442299, 0115442275
- Godstime Promise Iyare 20-05-1996 Access Bank 0060032439, 1187008630, 1448136683. UBA 2212655102. Moniepoint 8197394552. Kuda 2007096158. Promicool Venture- Moniepoint 8197394576.
- Francis Chukwuedo Mmaduabuchi 27-09-1987 Eco Bank 3941072599, Fidelity 6239280146, Opay 8037688095, Moniepoint 8196060258, 8196028438, 8196028452,5380383959, 5612325508,4730823866, 8037688095
- John Anayo Onwumere 05-03-1987 Sterling 0026224269, Zenith 4230646454
- Chikwuka Godwin Eze 05-05-1975 First Bank 3031299977, Access Bank 0110709618, 0108595489, 1132518632
- Edwin Augustine Chukwuedo 27-05-1983 Union 0010808495, 0110232286, 0069247850, Eco Bank 2321194539, Opay 8169916076, Moniepoint 6786290317, 6786290300
- Chinwendu Joy Owoh 10-02-1982 First Bank 3125731837, GTB 0115848475, Moniepoint 6474876289, Union 0014660761
- Ginika Jane Orji 05-10-1995 Blueridge 8039231985, Opay 7059681248, 8106940744
- Awo Uchechukwu 11-12-1978 First Bank 3060144916
- Mercy Ebere Ifeoma Ali 07-07-1998 Access 1612608952, FCMB 6594319019, First Bank 3147574474
- Ohagwu Nneka Juliana 15-08-1985 UBA 2147559148
- Eze Chibuike Okpoto 12-01-1989 Access 0071127599, 1138098116, FCMB 3723955016, GT Bank 0123014963
- Nwaobi Henry Chimezie 12-06-1991 Access 1113046148, 1113046148, UBA 2115584448, 2117752704, First Bank 3067985749, Moniepoint 8276850931,
- Ogomu Peace Kewe 27-06-1997 Access 1840168323, UBA 2096777826, First Bank 3124937333, 2041450556, (USD) 3180578127, Zenith 2547460190, Opay 9069071154, Kuda 2028607838, Fidelity 6552642526, GT Bank 0258732080, Stanbic 0021280495
- Igwe Ka Ala Enterprises 3750733 Access 1872085373, 0800331795. Fairmoney 2683102063. Fidelity 5090919707, GTB 0206153527, 0044247093, 0044247086, 0044247079, 0044247062, 0044247055, 0044247103, 4020644423. Opay 9023765613, 8035144914, 8126308128. Polaris 3124277058. Carbon 0629821223. Zenith 1226773554
- Seficuvi Global Company 3225098 Access Bank 1436852548, Eco Bank 3831141439
- Lakurawa Group NLLKW
ALX, Africa’s leading tech career accelerator, is celebrating a major win for young African talent as 21 exceptional learners from the ALX Pathway program secure prestigious scholarships from the Mastercard Foundation to pursue further studies at the African Leadership College of Higher Education (ALCHE).
Among them, seven outstanding scholars are from Nigeria, reinforcing the country’s reputation as a hub for ambitious, high-potential talent within ALX’s transformative learning ecosystem.
The programme is a pathway to global universities and scholarships, equipping Africa’s future leaders with cutting-edge skills, career-defining networks, and access to life-changing opportunities in high-growth industries.
Speaking on this remarkable achievement, Oluwapelumi Thomas, Learning Community Experience Specialist at ALX Nigeria, shared, “At ALX, we believe that unlocking Africa’s potential starts with unlocking the potential of its people.
The success of these learners in securing scholarships to ALCHE through the Mastercard Foundation is evidence that talent, when nurtured with the right opportunities, knows no bounds. We couldn’t be prouder.”
Among the Nigerian awardees are: Ayomide Samson Ajayi, Effiong Immaculata Emmanuel, Hanif Olayiwola, Chigozie Emmanuel Ndubuaku, Peace Chidinma Chukwuka, Chibuzor Moses Uzowuru and Chisom Obueze Louisa.
The Mastercard Foundation scholarships will provide recipients with full tuition and stipends to pursue world-class higher education at ALCHE, sharpening their leadership, technical, and entrepreneurial skills to drive impact across the continent. This milestone reinforces ALX’s role as a driving force in shaping Africa’s next generation of changemakers.
With every success story, ALX continues to open doors for Africa’s young professionals, empowering them to take advantage of career support, networking, and transformative scholarship opportunities. The journey doesn’t stop here—Africa’s future innovators are just getting started.
Airtel Mobile Commerce BV, a subsidiary of Airtel Africa PLC, is thrilled to announce the launch of the Airtel Money GlobalPay Card, a new payment solution designed to connect Airtel Money customers across Africa with global online marketplaces.
This collaboration with Mastercard will empower Airtel’s 150 million mobile phone users in 14 African countries with access to Mastercard’s global merchant network, enabling safer and more secure international transactions.
The Airtel Money GlobalPay Card is a virtual (non-plastic) payment solution that links directly to Airtel Money wallets. This card can be used for a wide range of payments across global online merchants, including major platforms such as Facebook, Netflix, Uber, Amazon, Google, AliExpress, and Alibaba.
Users will also have the ability to make payments for travel bookings, utilities, subscriptions, and purchase goods from international suppliers—all from the convenience of their mobile phones.
For Airtel Money customers, activating the Airtel Money GlobalPay Card is simple. Customers simply need opt-in for the card, load it from Airtel Money wallet, and start shopping. No additional documentation, registration, or installations are required.
With this payment solution, Airtel and Mastercard aim to meet the growing demand for digital payments in Africa and support small businesses in cross-border trade. The partnership aligns with Airtel Africa’s goal of enhancing financial inclusion by providing efficient and seamless payment solutions to mobile money users across the continent.
CEO of Airtel Money, Ian Ferrao, commented: “At Airtel, we are continuously innovating to enhance the customer experience. By adding Mastercard’s secure virtual payment solution to Airtel Money, we are making International payments simpler and more accessible for our customers. This collaboration allows us to offer a global e-commerce experience.”
Mastercard’s global network and expertise in payment solutions will play a critical role in supporting financial inclusion efforts in Africa. The initiative aligns with Mastercard’s commitment to bring one billion people, 50 million small businesses, and 25 million women entrepreneurs into the digital economy by 2025.
Senior Vice President for Digital Partnerships at Mastercard Middle East and Africa, Muhammad Nana, stated: “Our digital partnerships strategy focuses on enabling the digital transformation of our partners, helping them provide their customers with access to a seamless global payment ecosystem. With over 150 million Airtel Africa consumers now connected to the global digital economy, we are helping more consumers access the benefits of e-commerce.”
With increasing mobile internet access and the growth of affordable smartphones, African consumers are poised to take full advantage of this new solution. The Airtel Money GlobalPay Card empowers users—both banked and unbanked—to shop globally, connecting them to digital products and services right from their mobile phones.
How to Link Airtel Money GlobalPay Card:
- Download the MyAirtel App from Playstore or App Store
- Select Airtel Money and enter your PIN
- Opt in for the Airtel Money GlobalPay Card powered by Mastercard and accept the terms and conditions
- Top-up your card from your Airtel Money wallet and start shopping
NITDA Alerts Nigerian Website Owners of Critical Security Flaw in Jupiter X Core WordpPress Plugin
Nigerian Women Worst Hit by Ponzi Schemes – SEC
FG Lists Simon Ekpa, 16 Others as Terrorism Financiers, Freezes Accounts
EMOSIM, Tata Communications Bring Nigeria’s First Travel eSIM to Life
FG Partners China to Crack Down on Chinese Nationals in Financial Crimes
Fidelity Bank Raises ₦232Bn in First Phase of Capital Raising
Schmidt, Ex Google Chief Says AI Risky in Terrorist Hands
KongaFM Basks in Rave Reviews from Nigerians
GSMA Launches Innovation Fund to Boost AI Solutions in Emerging Markets
FG Order MDAs to Close Commercial Banks’ Accounts, Enforce TSA Policy
News2 days agoFG Launches Global Certification Programme @ DBI
E-Business2 days agoNigeria, UK Partner on Building Resilient National Cybersecurity Architecture
News2 days agoBanking Data Theft Attacks on Smartphones Triple in 2024 – Report
Telecom2 days agoATCON Commends FG over Plans to Build 7,000 Telecom Towers
Telecom2 days agoMTN Showcases 5G’s Transformative Power at Go M.A.D Event in Calabar
Broadcasting2 days agoReps Order Multichoice to Halt Planned Subscription Hike
Telecom1 day agoCustomers to Receive 5GB Free Data on New Glo e-SIM
Broadcasting2 days ago92% of Developers Believe AI Agents Are Key to Career Growth