According to the Association of Licensed Set-Top Box Manufacturers of Nigeria (STBMAN), the development is stalling progress and threatening local investments.

In a statement issued in Abuja and signed by Godfrey Ohuabunwa, the chairman, on Thursday, the group expressed “deep concern” over what it described as persistent regulatory infractions by the commission, which it said were undermining the integrity of the long-delayed digital migration project.

STBMAN alleged that NBC’s actions were slowing Nigeria’s transition from analogue to digital broadcasting, nearly 17 years after formal discussions on DSO began in 2008.

The group stated that while Nigeria continued to struggle with implementation, several countries that once looked up to the country for guidance had since completed their transitions.

The manufacturers also cited a recent position by Independent Broadcasters Association of Nigeria as reinforcing longstanding concerns about inconsistencies and policy missteps in the DSO process.

According to the statement, STBMAN has consistently advocated three core principles for the success of the programme: protection of local manufacturers in line with the “Nigeria First” policy of the Bola Tinubu government, strict adherence to the federal government’s White Paper on DSO, and respect for the rule of law to sustain investor confidence.

“These key demands have largely been ignored,” the statement said.

The association further faulted an alleged move by NBC to approve the importation of hybrid set-top boxes from China, describing it as a direct affront to local manufacturers who had already committed significant capital to the sector.

It stated that such a policy direction contradicted the federal government’s industrialisation agenda and weakened efforts to build indigenous capacity.

“Government agencies should be strengthening local industries, not side-lining them,” the group stated.

It stated that its members had invested heavily in infrastructure, technology upgrades, and workforce development based on expectations of policy consistency and institutional support.

STBMAN consequently called on Tinubu to intervene urgently by directing NBC to suspend all new licensing, permits, and certifications related to set-top box importation and manufacturing pending the resolution of an ongoing court case.

The association warned that failure to heed the call could further erode investor confidence and derail the DSO project.

It accused NBC of acting in defiance of a subsisting court order in Suit No. FCT/HC/GAR/CV/442/2024, cautioning that no government agency is above the law.

While reaffirming its commitment to supporting the federal government’s digital transition agenda, the group signalled its readiness to initiate contempt proceedings if the situation persisted.

STBMAN maintained that only a transparent, law-abiding, and collaborative approach could guarantee the successful rollout of Nigeria’s digital broadcasting framework.

The fine relates to misleading packaging on Coke products, specifically the “Original Taste, Less Sugar” variant, which was found to mislead consumers into believing it was identical to the regular “Original Taste” version. 

Despite NBC’s attempts to contest the penalty, the Tribunal reaffirmed that the Federal Competition and Consumer Protection Commission (FCCPC) was justified in issuing the fine.

The issue dates back to allegations made by the FCCPC, which claimed that NBC and its partner, Coca-Cola Nigeria Ltd (CCNL), engaged in misleading trade descriptions and deceptive marketing practices. NBC, however, took the matter to the Tribunal, appealing for the fine to be overturned. 

The company argued that the mislabeling was not intentional but was due to a production error at one of its plants. The mislabeling occurred at NBC’s Abuja plant, which, according to NBC, was an isolated incident.

NBC’s legal team, led by Oluseye Opasanya (SAN), contended that the findings of the FCCPC were overreaching. 

They questioned the adequacy of the evidence used to impose the fine, suggesting that the investigation should have extended to other factories to establish whether the mislabeling occurred at a broader scale. 

In their defence, they pointed out that the alleged misrepresentation was an unintentional mistake, not a deliberate act of deception.

The Tribunal, however, was not swayed. In its ruling, chaired by Thomas Okosun, the Tribunal dismissed NBC’s appeal, stating that the actions of the company were indeed misleading and in violation of the law. 

The Tribunal found that NBC’s approach to settling the issue with the FCCPC after the judgment had been reserved was improper and contrary to legal norms. As Okosun noted, such a settlement attempt post-judgment reservation “undermines the FCCPC’s role as a regulator” and “exceeds its powers.”

The Tribunal further criticised the manner in which the FCCPC handled the settlement. Despite earlier indications that a settlement had been reached, the Tribunal found that accepting the settlement after final addresses had been submitted was inappropriate and beyond the Commission’s regulatory remit. 

The Tribunal made it clear that it would not indulge in private compromises and upheld its duty to the public by sticking to its constitutional mandate.

Ultimately, the Tribunal ruled that the N190 million penalty imposed by the FCCPC was both lawful and appropriate, in line with the provisions of the Federal Competition and Consumer Protection Act (FCCPA) and the 1999 Constitution. NBC was given 60 days to pay the fine.

This ruling is part of a bigger issue, with Coca-Cola Nigeria Ltd and the FCCPC also engaged in a separate case over an additional N186.67 million penalty related to the company’s labelling and marketing practices. 

For now, the FCCPC has agreed not to take further enforcement action against NBC or Coca-Cola until the appeals are resolved.

The Office of the Attorney-General of the Federation (AGF) argues that the suit is baseless and constitutes an abuse of court process.

The lawsuit, filed by Maduabuchi O. Idam Esq. on 29 April 2024 (Suit No. FHC/ABJ/CS/563/2024), demands that Multichoice allow customers to roll over unused subscriptions. The case also lists the Federal Competition and Consumer Protection Commission (FCCPC) and the National Broadcasting Commission (NBC) as defendants.

During proceedings on 19 February 2025, Multichoice’s counsel, Moyosore J. Onigbanjo (SAN), opposed the case. The legal representatives of the FCCPC and NBC confirmed that they had filed counter-affidavits against the suit, while the AGF’s lawyer also confirmed submitting a motion on notice. 

The presiding judge, Justice Inyang Ekwo, asked the claimant whether he had received and responded to all submissions. He confirmed this but stated that further affidavits needed to be exchanged. The court then scheduled the hearing for 6 May 2025.

The AGF’s motion, dated 25 October 2024, insists that the case should be struck out as the claimant failed to establish any wrongdoing by the AGF. The AGF’s lawyer, Maimuna Lami Shiru, stated:

“The AGF is not a regulatory body in respect of the subject matter of the claim and has no business in the suit. The AGF is not a proper or necessary party to the suit. The originating process is premature and defective as it relates to the AGF.”

The AGF’s office further asserted that its role does not extend to regulating Multichoice or any other TV service provider in Nigeria. It also accused the claimant of filing the case without the necessary court approval.

Background

Multichoice has had repeated issues in Nigeria over its pricing structure in recent times. The company previously justified its subscription adjustments by pointing out factors such as exchange rate fluctuations, rising content acquisition costs, and increased electricity tariffs.

The FCCPC, while acknowledging its role in consumer protection, clarified that it does not directly regulate business pricing. The NBC also noted that a prior court ruling had limited its authority to intervene in such matters.

In 2024, a tribunal fined the company ₦150 million and ordered a one-month free subscription for violating interim orders. The ruling was later overturned after the case was withdrawn.

However, Multichoice recently announced a fresh price increase across all DStv and GOtv packages, effective 1 March 2025. The company has blamed previous subscriber losses on multiple price hikes, inflation, and economic challenges.

The Code, jointly developed by NITDA, the Nigerian Communications Commission (NCC), and the National Broadcasting Commission (NBC), establishes standards for promoting online safety and curbing harmful digital content. 

According to NITDA’s 2023 compliance report, the platforms have implemented measures aligned with both the Code and their community guidelines, receiving commendable achievements.

Key highlights from the report reveal that these platforms collectively handled over 4.1 million registered complaints and removed more than 65.8 million pieces of harmful content. 

Added to this, approximately 379,433 items were reviewed and re-uploaded after user appeals, while over 12 million accounts were closed or deactivated for violating safety guidelines.

NITDA noted that these contribute to creating a safer and more responsible digital environment in Nigeria. The agency also commended the platforms for promoting trust among users through assertive safety measures.

Beyond content moderation, data from the Federal Inland Revenue Service (FIRS) and the National Bureau of Statistics (NBS) highlighted the financial contributions of foreign digital platforms operating in Nigeria. 

In the first half of 2024, these companies paid over ₦2.55 trillion (approximately $1.5 billion) in taxes, disclosing the impact of solid regulatory frameworks on compliance and revenue growth within the digital economy.

Nonetheless, NITDA urged continued innovation and collaboration among stakeholders to tackle emerging challenges. 

The agency reaffirmed its focus on advancing user safety, boosting digital literacy, and enhancing transparency across Nigeria’s digital sector.

The investigation focuses on allegations of misleading product labelling and a lack of transparency regarding changes in ingredients.

According to the FCCPC’s statement, issues arose in June 2019 when the commission became aware that Coca-Cola was changing its Coke brand from a sugar-based formula to one containing non-nutritive sweeteners. 

This change, the FCCPC alleges, was not adequately communicated to consumers. “The Commission was convinced based on the evidence, that Coca-Cola and NBC on multiple occasions, and counts violated, and remained in violation of the FCCPA, particularly with respect to transparency, and clear disclosure obligations to their product patrons,” the statement reads.

Specifically, the FCCPC accuses Coca-Cola of misleading consumers about its “Original Taste, Less Sugar” variant, alleging that the company portrayed this product as identical to the classic Coca-Cola, despite a difference in formulation. Similar issues were raised regarding undisclosed changes in Fanta and Sprite.

The FCCPC claims it engaged with Coca-Cola and NBC in an attempt to reach a resolution, which included seeking internal documents and production logs to verify the allegations. 

While the commission initially accommodated attempts by the companies to implement clearer labelling and product differentiation, Coca-Cola and NBC ultimately abandoned these exertions, leading to a final order issued on July 29, 2024.

The final order outlines findings that include misleading trade descriptions and unfair marketing tactics. The Commission states that Coca-Cola’s packaging fails to adequately differentiate between “Original Taste” and “Less Sugar” versions, violating several sections of the Federal Competition and Consumer Protection Act. 

The FCCPC claims that the Nigerian Bottling Company engaged in deceptive trade practices by using identical packaging for both its Zero Sugar and 50:50 sugar/sweetener Limca drink, misleading consumers.

The FCCPC has reserved the right to impose penalties on both Coca-Cola and NBC for these violations and has not ruled out investigating possible abuse of market dominance by the companies. NBC was also found to have used identical packaging for different variants of Limca Lime-Lemon, further confusing consumers.

The FCCPC is considering additional regulatory actions, including assessing penalties for potential abuse of market authority. The Commission emphasises its focus on ensuring that companies provide clear and honest product information to consumers.

The Final Act comprises both the new and revised provisions of the Radio Regulations, an international treaty governing the use of the radio-frequency spectrum and satellite orbits.

Dr. Bosun Tijani, the minister of Communications, Innovation and Digital Economy, represented Nigeria and was joined by Dr. Aminu Maida, the executive vice chairman, Nigerian Communications Commission (NCC), and Mrs. Jane Egerton-Idehen, the managing director, Nigerian Communications Satellite Limited (NigComSat Ltd).

The WRC-2023 is a global, inter-governmental treaty conference which is held every three to four years by the International Telecommunication Union (ITU), the United Nations-affiliated international organization for telecommunications.

At the end of each conference, countries signed unto an updated Final Act, the outcome of agreements on agendas put forward by country administrations.

According to a statement by the ITU, “the agreement to the updated Radio Regulations identifies new spectrum resources to support technological innovation, deepen global connectivity, increase access to and equitable use of space-based radio resources, and enhance safety at sea, in the air, and on land.”

Among the decisions reached, the Conference also identified spectrum for International Mobile Telecommunications (IMT), which will be crucial for expanding broadband connectivity and developing IMT mobile services, also known as 4G, 5G and, in the future, 6G.

The conference also identified new frequencies for non-geostationary fixed-satellite service Earth Stations in Motion (ESIMs) that would provide high-speed broadband onboard aircraft, vessels, trains, and vehicles.

These satellite services are also critical following disasters where local communication infrastructure is damaged or destroyed.

Provisions were also included to protect ship and aircraft mobile service stations located in international airspace and waters from other stations within national territories.

Nigeria’s delegation at the conference comprised seasoned engineers and experts in telecommunications and satellite regulations and governance from the Ministry (NCC), National Broadcasting Commission (NBC), NigComSat Ltd, National Space Research and Development Agency (NASRDA), Nigeria Airspace Management Agency (NAMA), telecom operators and other practitioners from the telecommunications industry in Nigeria.

Meanwhile, Tijani, who led the Nigerian delegation at the WRC-2023, thanked the delegation for their sacrifices which, he noted, were made for the collective benefit of the future of Nigeria.

He also enjoined the Nigerian delegation to commence preparation for future conferences to ensure the preservation of the country’s interest by developing capacity through investments in extensive research and inter-agency collaboration.

Also, during an engagement with the Nigerian delegation at the conference, Maida commended the delegation for collaborating towards Nigeria’s best interest.

He emphasised the conference’s significant importance for Nigeria.

According to him, “the agreements reached at this year’s conference will provide valuable spectrum resources that will benefit the Commission’s stakeholders, especially ordinary Nigerians by enhancing service quality and bridging the digital gap in rural areas.

“Additionally, the establishment of international standards for radiocommunications and the decisions made at the conference will impact the development and implementation of new technologies.

“These outcomes align with Nigeria’s overall objectives and the Honorable Minister’s Strategic Plan for the Ministry particularly on expanding broadband connectivity, in harmony with the global transition to 5G and future 6G technologies, as well as improving quality of experience and providing equitable access to all Nigerians.”

In March, 2019, NBC imposed the sum of N500,000 fine each on 45 broadcast stations in the country over alleged violation of its code.

Justice James Omotosho, in a judgment held that NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

He further held that the NBC Code, which gives the commission the power to impose sanctions, conflicts with Section 6 of the Constitution, which vested judicial power in the court of law.

He declared that the court would not do nothing while a body unilaterally assessed a fine without following the law.

He said that the commission broke the law when it appeared before the judge and court as a complainant at the same time.

The judge concurred that the Nigeria Broadcasting Code cannot grant the commission judicial authority to impose criminal sanctions or penalties, such as fines, because it is a subsidiary law that gives an administrative body, such as the NBC, the authority to implement its terms.

He also agreed that the commission, not the Nigeria Police Force, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much power in one organ.

“The action of the respondent qualifies as excessiveness as it had ascribed to itself the judicial and executive powers,” he said.

TechEconomy reported earlier that President-elect, Bola Tinubu had written to the regulator over a breach of conduct by the TV station.

However, in a letter addressed to the Chief Executive Officer of the television station and dated March 27, the fine was formally served.

The letter, with the title: “Broadcast of an Inciting Interview, A Sanction”, was signed by Balarabe Ilelah, the commission’s Director-General.

It read in part, “The NBC monitored the broadcast of a live interview of the running mate of the Labour Party Vice presidential candidate, Dr. Datti Baba-Ahmed, by the anchor of Politics Today, Seun Okibaloye, on Wednesday, March 22.

“Dr. Baba-Ahmed said it will be unconstitutional to swear in an elected president on May 29, 2023, because of election irregularities.”

He noted that the broadcast was volatile and capable of inciting public disorder, violating some sections of the broadcasting code.

“Consequently, on the following infractions, Channels Television is hereby sanctioned and shall pay a penalty of N5,000,000 (five million nairas) only in the first instance,” he said.

He added that any further infraction by the television station would attract higher sanctions.

“You are advised to pay within two weeks from the day of receipt of this letter or the penalty will be graduated,” the NBC Director-General said.

The President-elect had stated the following in a petition dated March 30, 2023, and signed by Bayo Onanuga, Director of Media and Publicity for the All Progressives Congress presidential campaign council:

“In line with Section 14.0.1 of the Nigerian Broadcasting Code 6th edition stating the duty of the National Broadcasting Commission to accept complaints from aggrieved persons, bodies or members of the public and investigate as well as apply sanctions where necessary, the All Progressives Congress Presidential Campaign Council now petitions the Commission on what it considers breaches by Channels TV last week on its program ‘Politics Today.’

He charged Baba-Ahmed with disparaging the credibility of the presidential election on February 25, 2023, in several remarks. Datti criticized Tinubu’s election as president-elect in the interview and sternly urged President Buhari and the Chief Justice of Nigeria not to swear him in.

In his petition, Tinubu demanded that the station be penalized because the program host should have warned the Labour party candidate against making such careless remarks.

The petition in part reads;

“He (Datti) said the Labour Party won the elections. This is a fallacy and not correct. According to the Code, a Broadcaster is liable when his guest is allowed to make a wild statement that is inaccurate and not based on fact. The only accurate figures empirically collated as the final result is the one released by the Independent National Electoral Commission which placed the Labour Party as third.

The guest on the program in question Datti Baba -Ahmed said the President of the country Muhammadu Buhari should not swear in the President-elect because he did not score a 25% vote in the FCT….”

Malam Balarabe Ilelah, Director-General of NBC, issued the warning during a meeting with broadcast stations about coverage of the presidential, national assembly, gubernatorial, and state assembly elections.

“NBC is giving its last warning to broadcast stations and will not hesitate to shut or revoke the license of any when convinced that its activities are capable of undermining the peaceful co-existence of the country.

“Any further breaches of the Nigeria Broadcasting Code and Act will no longer be tolerated,’’ he warned.

He stated that the Commission monitored some broadcast stations’ coverage of the elections and was concerned that some of them gave unpatriotic individuals air time to make subversive, hateful, and inciting statements, particularly post-election.

He noted, however, that the coverage of the elections and post-election matters were “marred by unguarded statements, divisive and dangerous comments”.

In these troubling times, the NBC DG noted that the media has a role to play in ensuring national development by publishing or broadcasting narratives of national reconciliation and healing.

He urged broadcasters to refrain from promoting negative conversations that are not only harmful to democracy but also pose a threat to Nigeria’s corporate existence.

He acknowledged that using broadcast platforms to incite supporters or create enmity would not help in deepening the nation’s democracy.

“In as much as the Commission believes in the freedom of expression, it is also seriously constrained to act decisively on any broadcaster that exploits the fragile peace of our nation,’’ he stressed.