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MultiChoice Wins Suit Against NBC’s 2.5% Annual Gross Income Demand

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MultiChoice NBC

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.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Lagos, Abuja Courts Order Return of Airtime, Data Lending Services

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data and airtime loan services

By Adedapo Adesanya

Two divisions of the Federal High Court have issued interim injunctions restoring airtime lending services and restraining the enforcement of the contentious regulations introduced by the Federal Competition and Consumer Protection Commission (FCCPC).

FCCPC introduced the controversial Digital, Electronic, Online or Non-Traditional (DEON) Consumer Lending Regulations in 2025, prompting legal actions by telecom firms.

The rulings, delivered in Lagos and Abuja, restored the data and airtime loan services, relied upon by millions of Nigerians.

In Lagos, Justice Ambrose Lewis-Allagoa, on April 15, 2026, granted four interim injunctions in suit marked FHC/L/CS/760/2026, filed by the Wireless Application Service Providers Association of Nigeria (WASPA) against FCCPC.

The court restrained the commission, its officers and agents from enforcing the DEON Regulations, including several key provisions of the framework.

It further barred the FCCPC from interfering with the operations of WASPA members, imposing sanctions or fines for alleged non-compliance, or issuing directives connected to the enforcement of the regulations and adjourned to April 17, 2026, for further hearing.

Relatedly, the Federal High Court in Abuja on April 24, 2026, granted an interim order in suit marked FHC/ABJ/CS/779/2026 following an ex parte application by Nairtime Holdings Limited and Nairtime Nigeria Limited against MTN Nigeria Communications Plc and Airtel Networks Limited.

The court restrained both telecom operators, their officers and agents from suspending, restricting or otherwise interfering with Nairtime Nigeria Limited’s access to their platforms, including short codes, Short Message Service (SMS), and Unstructured Supplementary Service (USSD).

The order applies for the duration of Nairtime’s valid licence issued by NCC and prevents the operators from relying on the FCCPC regulations as a basis for any disruption.

The applicants had argued that the planned suspension of services was based on a directive linked to the DEON Regulations, despite their compliance with contractual obligations and the absence of any established breach or required notice.

The court found sufficient grounds to grant interim relief pending the determination of the substantive suit.

Taken together, the two rulings effectively place the enforcement of the DEON Regulations on hold, creating a temporary legal framework that allows airtime lending and related services to continue.

The FCCPC is restrained from acting against VAS providers, while telecom operators are prevented from using the regulations to deny licensed operators access to their networks.

The DEON Regulations, introduced by the FCCPC in July 2025, were designed to extend regulatory oversight to unsecured digital lending, including airtime and data credit services.

However, the move triggered strong opposition from industry stakeholders, particularly the Association of Licensed Telecommunications Operators of Nigeria (ALTON), which argued that the regulations encroached on the NCC’s statutory mandate, created overlapping compliance obligations, and conflicted with an existing memorandum of understanding between the regulators.

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P+ Beats Others to Clinch NSIA Media Intelligence Deal

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PPlus x NSIA

By Modupe Gbadeyanka

P+ Measurement Services Limited has been chosen as the preferred agency to provide media intelligence services for the Nigeria Sovereign Investment Authority (NSIA).

P+ won the media monitoring and intelligence business after a competitive and rigorous pitch process involving four agencies.

The foremost agency, run by Mr Philip Odiakose as the Chief Media Analyst, will provide continuous media intelligence across NSIA’s operations and affiliated interests, delivering insight-driven analysis to strengthen reputation management, stakeholder engagement, and communication performance.

It was gathered that the selection process assessed strategic thinking, execution capability, and the ability to deliver timely, decision-ready intelligence.

P+ distinguished itself through its strength in near real-time media monitoring, advanced measurement frameworks, and performance audit systems designed to support complex institutions with multiple stakeholder interests.

It brings a strong and diverse portfolio spanning government institutions, financial services, development organisations, multinationals, energy, telecommunications, and NGOs. Its approach combines global best practices with deep local expertise, ensuring that intelligence is both contextually relevant and strategically useful.

Commenting on the win, Mr Odiakose noted that the process reflected the level of diligence expected from an institution like NSIA, adding that the P+ focus remains on delivering media intelligence that goes beyond tracking media mentions to explaining narratives, measuring impact, and guiding decision-making.

He emphasised that P+ will leverage its global methodologies, adapted to local realities, to provide NSIA with timely insights, clear performance evaluation, and a deeper understanding of how media perception shapes outcomes.

Also speaking, the Corporate Communications at NSIA said P+ was chosen because it demonstrated a strong understanding of its requirements and a clear ability to translate media data into meaningful insight.

The NSIA communications team noted that the firm’s proven track record across sectors, combined with its disciplined approach to measurement and evaluation, positioned it as a credible partner to support NSIA’s communication priorities and broader institutional objectives.

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Airtel Engages Customers on Concerns Around Data Usage, Others

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airtel nigeria customer forum Lagos

By Modupe Gbadeyanka

On Tuesday, April 14, 2026, customers of Airtel Nigeria felt more involved and loved when the telecommunications company gathered them together at the Lagos Travel Inn Hotel in Ikeja to discuss some of their concerns, especially around data usage, transparency and their experience with its services.

It was the first-ever Customer Forum of Airtel Nigeria in Lagos, where regulators, high-volume data subscribers, 5G customers, and other key stakeholders learned ways to tackle the issue of data depletion.

The event, themed Understanding Your Data: How to Take Control, also highlighted Airtel Nigeria’s ongoing investments in customer experience, including enhanced digital tools, clearer usage dashboards, and expanded retail and support networks aimed at improving transparency and accessibility.

“This is our very first customer forum, and it is more than an event. It is a bold statement that in today’s digital economy, the most important voice is the informed customer,” the Director of Marketing at Airtel Nigeria, Mr Ismail Adeshina, said.

He emphasised that while data has become central to everyday life, from business transactions to education and healthcare, concerns around data value and consumption remain valid and must be addressed transparently.

“Data is no longer a luxury; it is a necessity as essential as electricity and water. However, as usage grows, customers are asking an important question: “Am I truly getting value for the data I purchase? This is not just a technical issue; it is a matter of trust,” Mr Adeshina added.

He further explained that evolving usage patterns, including high-definition video streaming, cloud-based applications, and background app activity, have significantly increased data consumption compared to previous years. According to him, the forum was designed as both a listening platform and an educational session to help customers better understand how their data is used.

“We are here to listen, to explain clearly, and to provide evidence. When customers understand how their data is consumed, it shifts the experience from uncertainty to control and from frustration to confidence,” he further disclosed.

On her part, the Director of Customer Affairs Bureau at the Nigerian Communications Commission (NCC), Ms Freda Ruth Bruce-Bennett, reaffirmed the regulator’s commitment to protecting consumer interests and ensuring service quality across the industry, noting that data consumption has become deeply integrated into daily life, making any perceived loss of data a significant concern for users.

“We understand that data is central to how people live and work today, which is why concerns around data depletion are taken seriously. The NCC has put mechanisms in place to ensure that consumers receive the quality of service they deserve and that their voices are heard,” she said.

Ms Bruce-Bennett encouraged customers to take advantage of the NCC’s consumer portal, which provides guidance on data management and a platform for lodging complaints.

“There is an A to Z of data management tips available on the NCC portal, and we encourage consumers to use it. We also continue to work closely with operators like Airtel to ensure that complaints are addressed promptly and transparently,” she added.

On customer engagement and service delivery, the Customer Experience Director at Airtel Nigeria, Mr Oladokun Oye, highlighted the company’s multi-channel approach to supporting customers across the country.

“At Airtel Nigeria, customer experience is not just a function; it is embedded across everything we do. From our network design to how we communicate and resolve issues, the customer remains at the centre,” he said.

He noted that Airtel maintains one of the most extensive customer touchpoint networks in Nigeria, including over 1,000 exclusive shops, a dedicated contact centre accessible via 300, and multiple digital platforms such as the MyAirtel App, web channels, and AI-powered chatbots.

“These channels are designed to provide not just service, but clarity and understanding. We are also continuously improving our digital platforms to ensure customers can track and manage their usage in real time,” Oye added.

He further advised customers to engage only with authorised Airtel outlets to ensure service quality and protect personal information.

The Airtel Customer Forum forms part of a broader industry effort, in collaboration with the NCC, to promote data awareness, transparency in billing, and improved customer education.

By creating a platform for open dialogue, Airtel Nigeria is reinforcing its shift from a transactional relationship with customers to a more collaborative and informed partnership.

The company noted that insights from the forum will inform future improvements in service delivery, customer communication, and digital tools, as it continues to support Nigeria’s journey towards a more inclusive and transparent digital economy.

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