Brands/Products
MultiChoice Wins Suit Against NBC’s 2.5% Annual Gross Income Demand
By Adedapo Adesanya
African broadcasting giant, MultiChoice, has won a suit against the National Broadcasting Commission (NBC), which requires broadcasters to pay 2.5 per cent of their Gross Annual Income as an Annual Operating Levy to the Nigerian government.
Justice James Omotosho of the Federal High Court Abuja struck down Section 2 (10) (b) of the National Broadcasting Code, 6th Edition, which was challenged by MultiChoice.
This judgement followed a suit filed by MultiChoice Nigeria Ltd and Details Nigeria Limited (GOtv) against NBC.
Delivering the judgment on Wednesday, Justice Omotosho ordered that the provision be struck down and replaced with Net Annual Income instead of the existing Gross Annual Income.
This means that the 2.5 per cent levy will be taken out of the total amount of revenue after the companies have deducted all operational expenses, taxes, and obligations against Gross Annual Income, which is the total earnings before deductions.
The court also barred the 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 NBC can only access other financial documents of MultiChoice through sister agencies such as the Federal Inland Revenue Service (FIRS).
In the suit, the plaintiff’s counsel, Mr 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.
Mr 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 an Annual Operating Levy for the years 2020–2023, including certain previous years, was binding on both parties.
Counsel to the NBC, Mr Victor Ogude (SAN), argued before the court that the agreement was not binding on the NBC, as the NBC’s acting Director-General who agreed on its behalf acted beyond his powers.
He contended that the NBC was entitled to the full amount payable.
Mr 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 NBC is a form of tax imposed on broadcasters.
He then 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 per cent on their profits, determined after all expenses have been deducted. Similarly, in the United Kingdom, a 25 per cent 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 per cent of Gross Annual Income from broadcasters as an Annual Operating Levy, is unconscionable, unfair, and stifling to the plaintiffs,” Justice Omotosho ruled.
Furthermore, Justice 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.
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 unfavourable.
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 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.
By Aduragbemi Omiyale
The Ecobank Pan African Centre (EPAC) in Lagos, venue of the ongoing 2025 Design and Innovation Exhibition, is bubbling with activities as top young innovators from across the country are showcasing their arts.
The event, running from Tuesday, February 25 to Sunday, March 2, showcases the immense potential within Nigeria’s manufacturing and creative industries.
The exhibition, themed Building a Made-in-Nigeria Brand, aims to emphasize the creativity, innovation, and craftsmanship of Nigerian designers while highlighting the importance of industrialization and export.
It also reflects a commitment to developing a sustainable industrial ecosystem that supports local talent and fosters economic growth across Africa. The exhibition is featuring 58 designers, including collaborations between manufacturers and designers, offering a glimpse into the future of Nigerian design.
The Minister of Art, Culture, Tourism, and the Creative Economy, Ms Hannatu Musa Musawa, who attended the programme, stressed the importance of strengthening the synergy between Nigerian creativity and manufacturing.
“By leveraging our country’s rich creative resources, we can modernize products, promote locally-made furniture, and build stronger economic connections,” Ms Musawa said, reaffirming the federal government’s support for such initiatives.
The Managing Director and Regional Executive of Ecobank Nigeria, Mr Bolaji Lawal, represented the Head of SME, Partnerships, and Collaboration at Ecobank, Omoboye Odu, said, “The success of SMEs is key to transforming Nigeria’s economy, and we recognize the importance of collaborating with the right partners. Titi Ogufere and Design Week Lagos are the perfect fit for us to help elevate Nigerian creatives and provide a platform to scale their businesses.”
On her part, the founder of Design Week Lagos, Ms Titi Ogufere, said, “This exhibition is a testament to the talent and hard work happening in Nigeria’s creative industries.
“We’re here to celebrate and showcase the potential of our local designers and manufacturers. The global design industry offers immense opportunities, and with more support, Nigerian designers can truly thrive on the world stage.
“We have a wealth of untapped creative potential in Nigeria. It’s time for us to shift focus from foreign markets and showcase what we can do right here at home. The global furniture market alone is valued at over $700 billion, and Nigerian designers can carve out a significant share of that.”
Leading pay television service provider, MultiChoice Nigeria, plans to offer a support package for DStv and GOtv subscribers.
In a message to subscribers on Monday, the company stated that starting from March 1, 2025, the new tariffs would apply to DStv and GOtv packages.
According to the company, DStv and GOtv subscribers who renew their subscriptions before the expiration date will be exempt from the new rates for a specified time as a reward for their loyalty.
Additionally, subscribers on both platforms can take advantage of extra benefits through the Step Up offer, which began in January and will continue until March 31.
The Step Up offer expands access to premium content by enabling both active and disconnected DStv and GOtv subscribers to enjoy content beyond their current package through an automatic upgrade to a higher package on payment for a package above their current subscription.
As part of the palliative package, MultiChoice will announce a reduction in the subscription for Showmax, its streaming service, on February 28. This aims to provide customers with more affordable access to live sports, movies, and general entertainment.
The latest price review puts the cost of the DStv Compact bouquet N19,000 and the Compact Plus at N30,000. DStv Premium subscription will rise to N44,500.
Similarly, GOtv Supa customers will henceforth pay N16,800, while those on Supa will pay N11,400. The tariff on GOtv Max moves to N8,500, while that of GOtv Jinja moves to N3,900.
These adjustments come as MultiChoice seeks to balance operational costs with continued access to premium entertainment for its subscribers.
By Adedapo Adesanya
The Federal Competition and Consumer Protection Commission (FCCPC) has summoned MultiChoice Nigeria over its move to hike subscription rates for DStv and GoTV services.
The call came as the broadcaster hiked its DStv premium bouquet to N44,500 from the N37,000 price, subscribers on the Compact+ would start paying N30,000 as against the current fee of N25,000 among others.
According to MultiChoice, the new rates take effect from March 1, 2025.
Now, the consumer rights agency has stepped in and summoned MultiChoice Nigeria and its chief executive to a hearing at the agency’s headquarters on Thursday, February 27.
According to a statement signed by FCCPC’s Director of Corporate Affairs, Mr Ondaje Ijagwu, it is deeply concerned over the pay-TV company’s proposal amid accusations that MultiChoice applies different pricing strategies in other markets.
“The Federal Competition and Consumer Protection Commission (FCCPC) has summoned MultiChoice Nigeria to explain its proposed subscription price increase, set to take effect on March 1, 2025,” a part of the statement on Tuesday evening disclosed.
“Exercising its mandate under Sections 32 and 33 of the FCCPA, the FCCPC directed the Chief Executive Officer of MultiChoice Nigeria to attend an investigative hearing at the Commission’s headquarters on Thursday, February 27, 2025.
“This action follows MultiChoice’s formal notification of the price adjustment, which raises concerns about recurrent unilateral price hikes, potential market dominance abuse, and perceived anti-competitive practices in the pay-TV industry,” it added.
The FCCPC also promised to “impose regulatory penalties, sanctions, or other corrective measures” on MultiChoice should it “fail to provide satisfactory explanations or be found in violation of fair market principles.”
The agency said this is to “protect Nigerian consumers” and that is it already “engaging the sector regulator and other relevant agencies to ensure fair competition and consumer protection within Nigeria’s broadcasting and digital subscription landscape”.
Multichoice decision to hike its prices comes amid inflationary challenges in core markets.
In Nigeria, a sharp decline in the Naira led to a 32 per cent decline in its Dollar revenue in 2024.
This is as it faced a broader 9 per cent decline in total active subscribers across Africa with subscriber numbers dropping by 13 per cent in Nigeria, Angola, Kenya, and Zambia.
-
Feature/OPED5 years agoDavos was Different this year
-
Travel/Tourism9 years ago
Lagos Seals Western Lodge Hotel In Ikorodu
-
Showbiz2 years agoEstranged Lover Releases Videos of Empress Njamah Bathing
-
Banking7 years agoSort Codes of GTBank Branches in Nigeria
-
Economy2 years agoSubsidy Removal: CNG at N130 Per Litre Cheaper Than Petrol—IPMAN
-
Banking2 years agoFirst Bank Announces Planned Downtime
-
Sports2 years agoHighest Paid Nigerian Footballer – How Much Do Nigerian Footballers Earn
-
Technology4 years agoHow To Link Your MTN, Airtel, Glo, 9mobile Lines to NIN