- Safiu Kehinde
A Federal High Court sitting in Abuja has fixed date for the arraignment of the Chairman of MultiChoice Nigeria Limited, Adewunmi Ogunsanya, and the company’s Managing Director/Chief Executive Officer, John Ugbe, over allegations bordering on breach of Federal Competition and Consumer Protection Act, 2018.
The presiding judge, Justice James Omotosho on Tuesday fixed 7th of October for the hearing of the case after Chizenum Nsitem, counsel to the Federal Competition and Consumer Protection Commission (FCCPC), made the application due to the absence of the defendants in court.
Others to be arraigned alongside the duo are six top officers of the pay-Tv company, including Fhulufhelo Badugela, CEO of MultiChoice Africa Holdings; Retiel Tromp, Chief Financial Officer, Africa; and Keabetswe Modimoeng,, Group Executive for Corporate Affairs.
They also include a director, Adebusola Bello; Fuad Ogunsanya; Gozie Onumonu, who is the Head Regulatory Affairs and Government Relations, and the company itself.
When the matter was called on Tuesday, none of the defendants was in court due to improper service of the court documents, including the hearing notice, on them.
The prosecuting agency’s lawyer then sought an adjournment to enable them to do the needful and the judge adjourned the matter until Oct. 7 for the defendants to take their plea.
As contained in the charge marked: FHC/ABJ/CR/197/2025 dated May 26 but filed May 26, the defendants being preferred with seven counts are 2nd to 9th defendants respectively.
While MultiChoice Nigeria Limited is the 1st defendant, Ogunsanya, Ugbe, Badugela, Tromp, Modimoeng, Bello, Fuad Ogunsanya and Onumonu were arraigned as the 2nd to 9th defendants respectively.
In count one, Multichoice Nigeria Limited was alleged to have on March 6 at No 23, Jimmy Carter Street, Asokoro, Abuja, without sufficient reason failed to appear before the FCCPC in compliance with a lawful summons issued on Feb. 25, “and thereby committed an offence contrary to and punishable under Section 33 (3) of the FCCP Act, 2018.”
In count six, Ogunsanya, Ugbe and others, being directors of the company, were alleged to have on March 6 “caused MultiChoice Nigeria Limited to impede Investigation of the FCCPC by refusing to produce documents and thereby committed an offence contrary to and punishable under Section 110 of the FCCP Act, 2018.”
NPO Reported that MultiChoice, the operator of DStv and Gotv, had recently increased the subscription rates on its packages against an invitation by FCCPC to give explanation on why the company wanted to effect a price hike.
Justice Omotosho had, on May 8, dismissed the suit filed by MultiChoice seeking to stop FCCPC from taking administrative action against the company.
The judge, in a judgment, held that the suit was an abuse of court process having been filed after a similar suit was filed on the issue by a lawyer, Festus Onifade, with Multichoice and FCCPC as parties in the suit.
The FCCPC had summoned MultiChoice Nigeria Ltd to provide explanations regarding the March 1 price review of its packages.
It directed the company’s chief executive officer to appear for an investigative hearing on the 27th of February, raising concerns over frequent price hikes, potential market dominance abuse and anti-competitive practices within the pay-TV industry.
The FCCPC also issued a stern warning, stating that failure to justify the price adjustment or comply with fair market principles would lead to regulatory sanctions.
However, in the suit filed by MultiChoice’s legal team, the company sought an order of injunction restraining the regulatory commission and its officers from carrying out the threat against it, as communicated via a letter dated March 3.