A Federal High Court in Abuja has fixed October 7 for the arraignment of Adewunmi Ogunsanya, chairman of MultiChoice Nigeria Limited, and John Ugbe, the company’s managing director/CEO, over alleged breaches of the Federal Competition and Consumer Protection Act (FCCP Act) of 2018.
Justice James Omotosho set the date following an application by Chizenum Nsitem, counsel to the Federal Competition and Consumer Protection Commission (FCCPC), citing the absence of the defendants in court due to improper service of court documents, including the hearing notice.
Joining Ogunsanya and Ugbe as co-defendants are six senior executives of MultiChoice, including Fhulufhelo Badugela, CEO of MultiChoice Africa Holdings; Retiel Tromp, chief financial officer, Africa; Keabetswe Modimoeng, group executive for corporate affairs; Adebusola Bello, a director; Fuad Ogunsanya; and Gozie Onumonu, head of regulatory affairs and government relations. MultiChoice Nigeria Limited is also named as a corporate defendant.
The charges, filed on May 26, list seven counts against the defendants, including failure to comply with a lawful summons issued by the FCCPC and impeding the commission’s investigation by withholding documents. These actions are said to contravene Sections 33(3) and 110 of the FCCP Act, 2018.
The FCCPC initiated the case following MultiChoice’s March 1 price adjustment for its DStv and GOtv packages. The commission had summoned the company’s executives to an investigative hearing on February 27, demanding an explanation for the price increase and expressing concerns about potential market dominance abuse and anti-competitive practices.
Justice Omotosho previously dismissed a lawsuit filed by MultiChoice on May 8, which sought to prevent the FCCPC from taking regulatory action against the company. The judge ruled that the suit constituted an abuse of court process, as a similar case on the same issue was already before the court.
MultiChoice, Africa’s largest pay TV operator, has faced increasing scrutiny from the FCCPC over its pricing and operational practices. The commission warned that failure to comply with market principles and justify price increases could result in regulatory sanctions.
The October 7 arraignment is expected to address these allegations and mark a critical step in the ongoing legal and regulatory battle between MultiChoice and the FCCPC.