The federal government has set October 7 for the arraignment of the Chairman of MultiChoice Nigeria Limited, Mr Adewunmi Ogunsanya; and the chief executive, Mr John Ugbe; over allegations bordering on breach of Federal Competition and Consumer Protection Act, 2018.
Justice James Omotosho fixed the date on Tuesday after the counsel to the Federal Competition and Consumer Protection Commission (FCCPC), Chizenum Nsitem, 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 Mr Fhulufhelo Badugela, CEO of MultiChoice Africa Holdings; Mr Retiel Tromp, Chief Financial Officer, Africa; and Mr Keabetswe Modimoeng, Group Executive for Corporate Affairs.
They also include a director, Mr Adebusola Bello; Mr Fuad Ogunsanya; Mr 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 do the needful and the judge adjourned the matter until October 7 for the defendants to take their plea.
In the charge marked FHC/ABJ/CR/197/2025 dated May 26, the defendants are being charged with seven counts.
While MultiChoice Nigeria Limited is the 1st defendant, Ogunsanya, Ugbe, Badugela, Tromp, Modimoeng, Bello, Fuad Ogunsanya and Onumonu are 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 court six, Messrs 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.”
The tussle began when MultiChoice, the operator of DStv and Gotv, increased the subscription rates on its packages, and failed to honour 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, Mr Festus Onifade, with Multichoice and FCCPC as parties in the suit.
The FCCPC had summoned MultiChoice Nigeria Limited to provide explanations regarding the March 1 price review of its packages.
The commission directed the company’s chief executive officer to appear for an investigative hearing on February 27, 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.