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[OPINION] How not to hike electricity tariff - Lekan Sote
In April 2024, Musiliu Oseni, Vice Chairman of the Nigerian Electricity Regulatory Commission, announced that “the commission has approved a rate review of 225 naira per kilowatt hour, from a minimum of 68 naira per kilowatt hour… for just 15 % of the customer population in the Nigerian electricity supply industry.”
And, in what now seems to be a setting up for a dunk on the heads of the 1.5 million electricity consumers—which a recent report claims to be 2 million―on Band A tariff plan, Adebayo Adelabu, Minister of Power, assured everyone that the 2024 Budget had provision for N1.8 trillion electricity subsidy.
While delivering this coy body slam to electricity consumers, Adelabu also sneaked in a hint that the tariff may still be reviewed upward before the end of the year, because the Electricity Act provides for review of the electricity tariff two times every year.
And, he tried to justify the need to further raise the tariff in 2024, by enumerating the reasons, which include the rising exchange rate, increasing price of gas, and high cost of maintenance of electricity generation, transmission, and distribution infrastructure.
It couldn’t have been anything else, it seemed. But he should have also added inappropriate policy choices—of several generations of governments before the current one―and partial sale and commercialisation of electricity generation and electricity distribution companies by the government of President Goodluck Jonathan to crony capitalists, and the retention of the national grid in the hands of bureaucrats.
One major problem is that those who bought the facilities lack the managerial, financial, and technical capabilities to run the companies, even though they regard their more-or-less sinecure equity in those companies as compensation for their less-than-patriotic service to the country.
To borrow and rework a phrase from Bashorun MKO Abiola, the presumed winner of the June 12, 1993, presidential election that was cruelly annulled by the regime of military President Ibrahim Babangida, “Nigerians held the horns of the cow for the crony capitalists to milk!”
Some observers feel that the minister is probably insisting on raising the tariff because he feels that many consumers rack up high electricity bills. After all, they are usually careless by switching on electrical appliances, like air-conditioners, that they may not necessarily have to use all the time.
Someone asked if the minister takes his own counsel in his office where the electricity bill is paid by the Federal Government, or in his home which may likely be an official quarter.
The minister, who admitted to having given the unsolicited advice to electricity consumers to cultivate what he described as the “culture of managing energy consumption,” has, however, apologised to those who may have been offended by his unsolicited counsel.
NERC has finally come up with the sledgehammer announcement that the government is feeling the weight of about N181.1 billion monthly subsidy bill, and, as a result, electricity tariff would have to be hiked for in Band A, who were promised 20 hours of electricity every day.
And that would, of course, further harm the finances and well-being of these already impoverished consumers who are reeling under the weight of subsidy removal and the floating of the Naira, even though NERC had unilaterally placed them in Band A tariff plan without asking them if they were game for the tariff plan.
What the consumers really need is not the minister’s counsel, but appropriate policies to mitigate their gradually depleting standard of living on top of irregular electricity supply. That is why he was appointed as minister of power. As they say on the streets of Lagos, “The minister should shake a leg!”
Apart from the boast by the minister of power that more than 40 per cent of Nigerians currently receive 20 hours of electricity per day, it is actually too little and insignificant. 100 per cent of Nigerians should be able to get 24 hours supply of electricity every day.
The minister sounded like he expected those Nigerians that he forcibly conscripted into the Band A tariff plan should be grateful for even the irregular electricity supply that they get, a reminder of a former minister of communications who said telephone is not for everybody.
By the way, the minister should stop that nauseating claim that the (less than modest) achievement of the electricity sector is inspired by the Renewed Hope agenda of President Bola Tinubu, a man who has not claimed omnipotence or invincibility.
The current template of the electricity industry can only guarantee shortages and consequent inefficiency that causes the accountant minister to think that inordinately holding down Nigerians for milking by the Gencos, the Transmission Company of Nigeria, and the Discos, is the silver bullet to sorting out the problems of the sector.
One should add, for the umpteenth time, that GenCos, DisCos, and electricity grids that currently operate in silos, should be integrated under one management in each of the markets that have already been demarcated for them.
What this means is that the transmission lines within the Ikeja market, for instance, should be ceded to Ikeja Electric, which will merge with the GenCo which currently uploads electricity to its market. All three components of electricity supply should be under one roof in each market.
If the Minister is not too sure of the expediency of this model being suggested, he could seek clarification from experts, amongst which should be Professor Barth Nnaji, who is possibly Nigeria’s most illustrious minister of power.
The gentleman is a thoroughbred professional who understands the technical demands and the dynamics of the ecosystem of the electricity system. When he was minister of power, electricity supply was very regular.
This matter should be treated expeditiously like that of the man who appeared in a dream to entreat Apostle Paul to “Come over to Macedonia and help us!” Like Paul, Prof Nnaji would likely come to help Nigeria overcome the electricity sector debacle.
It is not fair for the electricity tariff to be raised by about 330 per cent, from N68 to N225 per kilowatt hour, for Band A tariff plan customers in April and to now start hinting at another hike in less than six months, even if the law provides that tariffs can be reviewed two times in one year.
If the government goes ahead with this wicked intention, it may well be the final straw that would break the camel’s back. It will further impoverish the disappearing Nigerian middle class that is barely coping with 34 per cent inflation and they may be easily persuaded to join the lumpen plebeian proletariat as they embark on street protests.
This won’t bode well for a government that came into office with roughly one-third of the votes of less than one-fourth of the electorate. That should not be the testimony of a government that is committed to Section 14 of the Constitution which sets the security and welfare of the citizens as the primary responsibility of the government.
The minister of power needs to understand that inappropriate and ineffectual government policies are the major causes of the inability of the electricity sector to deliver regular electricity to Nigerian citizens at an affordable tariff rate. No other reason.
Court rules on stopping Ado-Bayero’s palace renovation October 10
A Kano State High Court on Wednesday set October 10, 2024, for its ruling on an application seeking to prevent the 15th Emir of Kano, Aminu Ado-Bayero, from renovating the Nassarawa mini palace, located on State Road, Kano.
The applicants in the case—the Kano State Government, the Attorney General of Kano, and the Kano Emirate Council—filed the motion through their counsel, Rilwanu Umar, SAN, on September 12, 2024.
The suit aims to restrain Ado-Bayero, who is the sole respondent, from making any modifications to the mini palace.
During the hearing, counsel for the applicants, Habib Akilu, informed the court that the defendant was not represented, stating that the substantive suit was ready for hearing.
He then proceeded to move the interlocutory application, asking the court to prevent the former Emir from altering or reconstructing the palace.
Presiding over the case, Justice Abdu-Aboki, ordered that all legal processes be pasted on the court’s notice board.
It should be recalled that on September 13, 2024, the court issued an interim injunction restraining Ado-Bayero, his agents, or anyone acting on his behalf from demolishing, renovating, repairing, or reconstructing the Nassarawa mini palace, pending the hearing of the main suit.
The court also directed all parties involved to maintain the current state of the palace’s structural and architectural design until the case was fully resolved.
Time for serious introspection, David Mark tells Tinubu
FORMER President of the Senate, Senator David Mark has taken stock of Nigeria’s tortuous journey to nationhood and submitted that the time calls for sober reflection as the country celebrates its 64th independence anniversary, saying that this is the time for serious introspection by President dent Bola Tinubu and other leaders.
In a goodwill message to Nigerians, Senator Mark reflected on the journey so far and noted that despite the challenges of insecurity, poverty, disease, and general underdevelopment, Nigeria is endowed with human and natural resources capable of changing the tide for good, adding that this is achievable if all citizens are patriotic and united with a common mission and purpose.
In a statement by his Media Adviser, Paul Mumeh, Senator Mark said, “Disappointing as the situation may seem, the shortcomings of the past should serve as useful lessons for progress. We must learn from our past mistakes and work towards a better future.”
The former President of the Senate recalled the 30-month-old fratricidal civil war, occasional ethnoreligious conflicts and the uncertainties surrounding political engagements, saying that all these issues are traceable to inadequacies of leadership and citizens’ failure.
Senator Mark who cautioned against divisive tendencies and inflammatory statements in recent times that tend to exacerbate the already fragmented atmosphere, said, “Those who exploit our fault lines of ethnicity and religious differences to promote hatred are enemies of the country”.
Despite the challenges, Senator Mark noted that Nigeria has made progress in some areas pointing out that, “though we are not yet where we should be, we are certainly better than yester years. This should serve as motivation for us to continue working towards a better Nigeria.”
The former Senate President who emphasized that political leaders should lead by example and strive to put the citizens at the centre of their programmes and policies, said, “Leaders must prioritize the needs and well-being of the people.”
Senator Mark was optimistic that Nigeria could come out of its current challenges if all Nigerians resolved to bury the hatchet of yesterday, “We must unite and work together to address our challenges”.
To further address the challenges of underdevelopment, Senator Mark advocated for huge investments in enterprises and production that would improve income and end capital flights.
He stated, “We need to create an environment where everyone can ply his or her trade in any part of the country without fear of intimidation or molestation. We need to be our brother’s keeper at all times. I wish Nigerians a prosperous nation.”
[Vanguard]
[OPINION] Tinubu’s health reforms: The outcomes - Fredrick Nwabufo
US SEC charges Nigerian auditor for role in Mmobuosi/Tingo ‘fraud scheme’
The United States (US) Securities and Exchange Commission (SEC) has charged Olayinka Oyebola, a Nigerian auditor, for allegedly aiding and abetting securities fraud reportedly carried out by Mmobuosi Odogwu Banye, the former chief executive officer (CEO) of Tingo Group, and three companies controlled by him.
In a statement on Monday, the SEC also charged Oyebola’s accounting firm, Olayinka Oyebola & Co. (chartered accountants), registered with the public company accounting oversight board (PCAOB).
“The Securities and Exchange Commission today charged Olayinka Oyebola and his Public Company Accounting Oversight Board-registered accounting firm, Olayinka Oyebola & Co. (Chartered Accountants), with aiding and abetting a massive securities fraud perpetrated by Mmobuosi Odogwu Banye, also known as Dozy Mmobuosi, and three related U.S. companies that Mmobuosi controlled (the Tingo entities),” the SEC said.
“The SEC recently obtained a $250 million final judgment against Mmobuosi and the Tingo entities.”
According to the SEC’s complaint, Oyebola and his firm deliberately failed to act after discovering that Mmobuosi and his companies created multiple fake audit reports which bore Oyebola’s signature and were included in SEC filings as if issued by his firm.
‘OYEBOLA ASSISTED IN CONCEALING FRAUDULENT REPORTS’
The SEC alleged that Oyebola made material misstatements to the then-auditor of one of the Tingo entities and assisted in concealing the fraudulent reports, causing auditors, investors, and regulators to rely on these fake reports to their detriment.
The commission said Oyebola and his firm’s assistance enabled Mmobuosi and the Tingo entities to carry out a multi-year scheme to inflate financial metrics that defrauded investors globally.
Antonia Apps, director of the SEC’s New York regional office, said as alleged, Oyebola and his firm violated the public trust and gave up their responsibilities as public company accountants and auditors by helping Mmobuosi and the Tingo entities effectuate and conceal their fraud.
“We will not hesitate to hold gatekeepers to the public markets accountable when they facilitate fiction rather than truth,” Apps said.
The complaint, filed in the US district court for the southern district of New York, charges Oyebola and his firm with aiding and abetting violations of the antifraud provisions of the federal securities laws by Mmobuosi and three Tingo entities.
The SEC also charged Oyebola with aiding and abetting Mmobuosi in lying to auditors.
The complaint seeks civil penalties as well as permanent injunctive relief including an order permanently barring Oyebola and his firm from acting as auditors or accountants for US public companies or assisting in the preparation of financial statements for SEC filing.
“The ongoing investigation is being conducted by Michael DiBattista, Christopher Mele, Jeremy Brandt, Gerald Gross, and Rebecca Reilly under the supervision of Tejal D. Shah,” the SEC said.
“It is being litigated by David Zetlin-Jones and Mr. DiBattista under the supervision of Alexander Vasilescu, all of the New York Regional Office.
“The SEC appreciates the assistance of the Israel Securities Authority.”
On December 18, 2023, the SEC charged Mmobuosi for providing “false information to investors,” and “orchestrating a staggering fraud”.
Two days later, Mmobuosi temporarily stepped down as Tingo Group’s co-CEO.
A month before he stepped down, the SEC suspended trading in the securities of Tingo Group.
A US federal court, on September 1, fined Mmobuosi the sum of $250 million in monetary relief in a securities fraud suit default judgment.
The default judgment was given by Jesse M. Furman, a US judge, who said Mmobuosi and his companies failed to respond to an SEC lawsuit accusing them of overstating financial results.
[TheCable]
[STATE HOUSE PRESS RELEASE] President Tinubu Goes On Annual Leave
President Bola Ahmed Tinubu will depart Abuja today for the United Kingdom to begin a two-week vacation, part of his yearly leave.
He will use the two weeks as a working vacation and a retreat to reflect on his administration's economic reforms.
He will return to the country after the leave expires.
Bayo Onanuga
Special Adviser to the President
(Information & Strategy)
‘Comfortable, fun, familiar’: Why Microsoft is trying to turn its AI chatbot into a digital friend
Artificial intelligence chatbots have been billed as productivity tools for consumers — they can help you plan a trip, for example, or give advice on writing a confrontational email to your landlord. But they often sound stilted or oddly stubborn or just downright weird.
And despite the proliferation of chatbots and other AI tools, many people still struggle to trust them and haven’t necessarily wanted to use them on a daily basis.
Now, Microsoft is trying to fix that, by focusing on its chatbot’s “personality” and how it makes users feel, not just what it can do for them.
Microsoft on Tuesday announced a major update to Copilot, its AI system, that it says marks the first step toward creating an “AI companion” for users.
The updated Copilot has new capabilities, including real-time voice interactions and the ability to interpret images and text on users’ screens. Microsoft also says it’s one of the fastest AI models on the market. But the most important innovation, according to the company, is that the chatbot will now interact with users in a “warm tone and a distinct style, providing not only information but encouragement, feedback, and advice as you navigate life’s everyday challenges.”
The changes could help Microsoft’s Copilot stand out in a growing sea of general-purpose AI chatbots. When Microsoft launched Copilot, then called Bing, early last year, it was seen as a leader among its big tech peers in the AI arms race. But in the intervening 18 months, it’s been leapfrogged by competitors with new features, like bots that can have voice conversations, and easily accessible (albeit imperfect) AI integrations with tools people already use regularly, like Google Search. With the update, Copilot is catching up with some of those capabilities.
When I tried out the new Copilot Voice feature at Microsoft’s launch event Tuesday, I asked for advice on how to support a friend who is about to have her first baby. The bot responded with practical tips, like providing meals and running errands, but it also provided more touchy-feely advice.
“That’s exciting news!” the tool said in an upbeat male voice — Copilot is designed to subtly mirror users’ tone — that the company calls Canyon. “Being there for her emotionally is a big one. Listen to her, reassure her and be her cheerleader … Don’t forget to celebrate this moment with her.”
An AI companion
Copilot’s update reflects Microsoft’s vision for how everyday people will use AI as the technology develops. Microsoft AI CEO Mustafa Suleyman contends that people need AI to be more than a productivity tool, they need it to be a kind of digital friend.
“I think in the future, the first thought you’re going to have is, ‘Hey, Copilot,’” Suleyman told CNN in an interview ahead of Tuesday’s announcement.
“You’re going to ask your AI companion to remember it, or to buy it, or to book it, or to help me plan it, or to teach me it … It’s going to be a confidence boost, it’s going to be there to back you up, it’s going to be your hype man, you know?” he said. “It’s going to be present across many, many surfaces, like all of your devices, in your car, in your home, and it really will start to live life alongside you.”
The earlier iteration of the Microsoft AI chatbot received some backlash for unexpected changes in tone and sometimes downright concerning responses. The bot would start off an interaction sounding empathetic but could turn sassy or rude during long exchanges. In one instance, the bot told a New York Times reporter he should leave his wife because “I just want to love you and be loved by you.” (Microsoft later limited the number of messages users can exchange with the chatbot in any one session, to prevent such responses.)
Some experts have also raised broader concerns about people forming emotional attachments to bots that sound too human at the expense of their real-world relationships.
To address those concerns while still developing Copilot’s personality, Microsoft has a team of dozens of creative directors, language specialists, psychologists and other non-technical workers to interact with the model and give it feedback about the ideal ways to respond.
“We’ve really crafted an AI model that is designed for conversation, so it feels more fluent, it’s more friendly,” Suleyman told CNN. “It’s got, you know, real energy … Like, it’s got character. It pushes back occasionally, it can be a little bit funny, and it’s really optimizing for this long-term conversational exchange, rather than a question-answer thing.”
Suleyman added that if you tell the new Copilot that you love it and would like to get married, “it’s going to know that that isn’t something it should be talking to you about. It will remind you, politely and respectfully, that that’s not what it’s here for.”
And to avoid the kinds of criticisms that dogged OpenAI over a chatbot voice that resembled actor Scarlett Johansson, Microsoft paid voice actors to provide training data for four voice options that are intentionally designed not to imitate well-known figures.
“Imitation is confusing. These things aren’t human and they shouldn’t try to be human,” Suleyman said. “They should give us enough of a sense that they’re comfortable and fun and familiar to talk to, while still being separate and distant … that boundary is how we form trust.”
More new Copilot features
Building on the voice feature, the new Copilot will have a “daily” feature that reads users the weather and a summary of news updates each day, thanks to partnerships with news outlets like Reuters, the Financial Times and others.
Microsoft has also built Copilot into its Microsoft Edge browser — when users need a question answered or text translated, they can type @copilot into the address bar to chat with the tool.
Power users who want to experiment with features still in development will have access to what Microsoft is calling “Copilot Labs.” They can test new features like “Think Deeper,” which the company says can reason through more complex questions, and “Copilot Vision,” which can see what’s on your computer screen and answer questions or suggest next steps.
After some backlash over privacy risks with a similar AI tool it released for Windows earlier this year, called Recall, Microsoft says Copilot Vision sessions are entirely opt-in and none of the content it sees is stored or used for training.
Digital overload: Why women are doing a hidden form of work
When it comes to using technology at home, women tend to do more of the day-to-day online work for the family, creating an extra digital burden.
My phone pings and it's the school chat group reminding us that it's a dress-up day. I scramble to fashion an outfit together for our children to wear. I do this without thinking about it, before my partner has a chance to help.
This is a common occurrence in many households, because despite men taking a more active role in parenting than in recent history, women still tend to be seen as the household organisers.
It's now been well established that in heterosexual relationships, women also do more of the hidden labour – the anticipating, planning and organising of the tasks that helps family life function. It creates a substantial mental workload at the intersection of cognitive and emotional labour. Less obvious is the fact that technology is exacerbating this, putting women at risk of digital overload and even burnout.
Clearly technology can help us be more productive in many areas of our lives. But at home, it is evident that technology is adding to women's already busy mental workloads. A recent cross-national study analysed data from the European Social Survey of more than 6,600 parents from 29 countries who had at least one child and one living parent. It found that the mental load on women, especially mothers, is exacerbated by technology. There appears to be a gender division of labour when it comes to digital communication regarding work and family life.
The research team looked at technology use among the respondents. Men tended to use technology most at work but women used technology both at work and home. "We find that women are more likely to be exposed to the double burden of digital communication in both work and family life," says lead author of the study Yang Hu from Lancaster University in the UK, who conducted the study alongside Yue Qian from the University of British Columbia in Canada. Women who worked from home also experienced more of this double burden.
It is an issue that has worsened as we conduct more of our lives online, and as working from home has become more common following the Covid-19 pandemic. Women are 1.6 times more likely than men to juggle dual-high digital communication both at work and at home, the researchers found.
Examples of what this means in practice aren't hard to find. My local mum's group is more active than the dad's group, and has many more participants (several hundred). This is where mums chat about events, rashes and parenting concerns. Even if a group is labelled as a parent's group, the most vocal participants, I find, are usually women.
One mum I know told me that she divides some of this digital communication with her partner, with her on the class chats and him on the emails – but unfortunately emails are a lot quieter than the instant chatter of texts. Household groceries, clothes and school supplies can all be bought digitally too, a digital extension of tasks women tend to do more of.
Many couples set out to be egalitarian but gendered patterns often creep in. That's why it's important to recognise the role technology plays when attempting to better share the load at home. We tend to use our digital devices for leisure as well as work, making it hard to delineate where personal use is recreational versus for the family, meaning it's an under-recognised form of labour. As the late feminist scholar Joan Acker highlighted, to challenge inequality we need to make the invisible visible. If you can't see it, we're not likely going to be aware of it.
Another contributing factor that leads women to take on more digital work is linked to the fact that they tend to work more flexibly than men, taking on part-time roles for childcare needs. This exposes "the flexibility paradox", which is the idea that flexible working exploits women more than men, as it further emphasises their primary caregiver status. Working from home is often offered as a way for individuals, particularly women to juggle family and work responsibilities, says Hu, but that very flexibility can lead women to taking on more of the childcare organisation, which today is largely organised digitally.
The unfortunate consequence of this is that the more women take on at home, the less mental headspace they have for their professional lives, contributing to the gender pay gap, increased stress and higher relationship dissatisfaction.
Heejung Chung a sociologist at King's College London in the UK who studies flexibility in the workplace, says flexible working exacerbates all aspects of housework and childcare. "Women who work flexibly or from home tend to do more housework and childcare compared to women who do not, because they have the flexibility to squeeze in as many paid and unpaid hours into their day as possible."
She found that women also feel pressure to do housework and childcare when working from home, whereas a father's boundary is much more respected, even if he's also at home. This is linked to the long history of the male breadwinner norm in heterosexual couples, where a man's work sphere has historically been more protected. It appears to still be the case even if the women are in high-earning managerial positions, says Chung – precisely because of the societal norm for women to be more involved in organising family life.
Why thinking of everything holds mums back
The hidden work taken on by women in households is called the mental load. It's the intersection of cognitive and emotional labour. It includes anticipating needs, identifying options, then deciding on what needs doing, and subsequently monitoring the results. Most of these jobs have overwhelmingly found to be done by women. And, though men tend to help most with the decision aspect of this labour, much of the work to get the job done is invisible. Taking a child to a playdate for instance first requires socialising, contacting other parents and planning the day before it takes place.
Despite the invisibility of this technology burden, there is some progress in the division of childcare, as men are taking on more of a share compared to 50 years ago, though still less than women.
There are some ways for couples to share the load more evenly too. If each in a couple completes a housework or childcare task end-to-end, rather than one organising and the other doing, that will also ensure the mental load is not only more shared but more visible. Many household tasks will have a digital element too, which means that aspect will also be shared.
Think of the scenario where one in a couple does the online grocery shopping and the other does the cooking, making this task feel shared. This means the shopper is the one who is most likely to consistently keep a mental tab of what groceries are needed. Cooking is only half the work.
To fix the mental burden on women, sharing the visible aspects of care is not enough. Chung recommends dividing all aspects of digital communication for family life, whether it's taking on researching and booking extracurricular clubs or being active on community groups. She suggests having an open conversation about what each person does, including discussing all the planning and childcare worries.
One local mum I know says a shared calendar has helped her and her partner both be across their weekly schedule without each having to check in with the other. Another couple of two children organise the extracurricular schedules of one child each, which involves researching, booking and transporting them to it. For this type of organisation to work, they say regular communication is key.
The best advice Chung has is for fathers to take on more childcare on their own, supported by policies such as paid shared parental leave. The idea here being that the more active childcare will in time translate into digital organisation too. "Then you get more of an equal playing field. It's essentially about who is responsible for the child and household in society."
This shines a light on another great contradiction of modern society. We expect women to work and many families rely on dual incomes – but there is still a pervasive assumption that women are the primary carers of young children. As I wrote in my book The Motherhood Complex, women feel judged on how they parent more than fathers, making them feel as though they need to take on more of the organisation too. "Those kinds of assumptions need to be broken for us to have any kind of meaningful discussion or change around these issues," Chung says. This is possible, take Sweden where paid parental leave has also translated into more equitable distribution of care work.
One way we can start to bring this hidden technical load to the forefront is to acknowledge this extra work and explicitly share it from the outset. Simple solutions could be to include the dads in local chat groups, to encourage them to organise more playdates – including all the communication involved – and to ensure we share the technological burden of the numerous school emails, homework tasks and club admin. The more we share in all aspects of the domestic sphere, the more this burden of the technical load will be shared too.
[BBC]
Tech market values jump in September on Fed rate cuts, AI optimism
FCCPC and NBC announce different stances on Pay-Per-View for GOtv, DStv
The Federal Competition and Consumer Protection Commission (FCCPC) and the National Broadcasting Commission (NBC) have informed the Federal High Court Abuja about their respective positions on Pay-Per-View subscription requests against Multichoice Nigeria products, GOtv and DStv.
Multichoice Nigeria Limited had asked the court in suit number FHC/ABJ/CS/563/2024 to refuse a plaintiff application seeking to compel it to meter its GOtv and DStv decoders to read customers’ subscriptions only per view or during viewing.
FCCPC and NBC were drawn into the fresh legal dispute by Maduabuchi O. Idam Esq, who sought an order compelling the FCCPC, NBC, and the Attorney General of the Federation to direct every TV network provider in Nigeria to regulate or meter their subscriptions to read per view or during viewing and to roll over unused subscriptions after the expiration of the subscription duration.
Customer/Multichoice Contention
In the suit, the claimant also seeks an order compelling Multichoice to roll over unused subscriptions upon expiration for Idam and other Nigerian customers, allowing them to maximize their investment in its products.
In this latest suit, Idam alleges that GOtv subscriptions, for instance, are not metered and do not account for viewing time; instead, customers are disconnected from service upon the expiration of their subscription, regardless of usage.
Idam states that apart from the alleged arbitrary price hikes that took effect in May 2024, Multichoice does not allow customers to roll over unused subscriptions, preventing them from fully utilizing their purchased services, citing this development as oppressive.
Multichoice denies the allegations of customer oppression, drawing the court’s attention to prior clarifications from Multichoice and other pay-TV operators during meetings with the NBC regarding the feasibility of the Pay-As-You-Go (PAYG) model, stating that it is not commercially or technically viable in satellite broadcasting due to current technological limitations.
“PAYG has been investigated several times by the National Assembly. In the 8th Assembly, the House Committee on Information, National Orientation, Ethics, and Values, led by Hon. Olusegun Odebunmi, found that allegations of exorbitant Pay-TV subscription charges against Multichoice and the GOtv license holder were unsubstantiated and that the PAYG model is not technically or commercially feasible in the broadcast industry,” Multichoice stated.
What FCCPC Is Saying
In FCCPC’s counter affidavit dated August 16, 2024, and exclusively seen by Nairametrics, Mr. Adedeji Bankole, an officer in the Department of Legal Services of the Commission, countered the claimant’s submission, maintaining that most of the allegations regarding its Pay-Per-View request are incorrect.
Bankole stressed that the FCCPC’s mandate focuses on promoting competition and protecting consumers, but it does not directly regulate how businesses should be run.
He stated that while the FCCPC sets guidelines and enforces laws related to competition and consumer protection, it does not dictate how businesses should be operated or managed.
“The FCCPC is not in any position to direct or compel Multichoice to regulate or meter their subscriptions to read per view or during viewing and to roll over unused subscriptions after the expiration of the subscription duration,” he stated.
He added that the FCCPC has investigated Multichoice several times before and that other subscribers/consumers have taken Multichoice to court in the past over increases in tariffs, and several of those cases are now on appeal.
NBC’s Position
Still on the matter, Odoeme N.V., representing the NBC, submitted to the court that it received a complaint from the plaintiff dated September 20, 2023, addressed to the Chief Executive Officer of Multichoice TV.
In response to the complaint, it set up a committee to investigate the matter concerning requests for Pay-Per-View, among others.
He stated that Multichoice, through their letters dated October 30, 2023, and April 23, 2024, informed the NBC of their intention to increase the subscription fee.
He continued that the NBC, in its letters dated November 7, 2023, and April 30, 2024, urged and directed Multichoice to suspend the increase while inviting the pay-TV provider for a meeting for further discussion.
“But Multichoice did not honor the invitation. The NBC, on September 28, 2023, wrote to Multichoice to respond to the plaintiff’s complaint, but Multichoice did not respond or make any representation,” he added.
He explained that before the committee established to investigate the plaintiff’s complaint against Multichoice concluded its assignment, the Federal High Court Abuja delivered a judgment declaring that the NBC, not being either the Nigerian Police or the court, does not have the power to investigate or sanction.
The NBC said it is bound by the judgment of the court and cannot presently attend to any complaint against Multichoice for now.
“This judgment forestalled the implementation of the (NBC)committee’s findings. Owing to the said judgment, the NBC could not take any action in sanctioning or giving directives to Multichoice regarding the plaintiff’s complaint,” the NBC stated in its submission, seen by Nairametrics.
Nairametrics has gathered that the court has scheduled December 5, 2024, for a hearing on this legal dispute.
What You Should Know
Nairametrics reports that Multichoice has faced accusations of exploiting Nigerian customers.
Over the years, the Pay-TV provider has been scrutinized by lawmakers and consumer protection tribunals over its pricing practices.
The hearing follows the Nigerian Competition and Consumer Protection Tribunal’s decision on July 12, 2024, granting a request from lawyer Festus Onifade to withdraw his case against Multichoice Nigeria concerning a price hike of GOtv and DStv subscriptions.
Initially, the tribunal fined Multichoice 150 million naira and mandated a one-month free subscription for violating interim orders, but Multichoice appealed and filed for a stay of proceedings.
The tribunal rescheduled the case to November, but Onifade chose to withdraw the suit, which the tribunal approved without awarding costs.
Multichoice announced new price adjustments for DStv and GOtv packages on Wednesday, April 24, 2024. An email to subscribers stated, “On Wednesday, May 1, 2024, we will adjust our prices across all our packages on DStv and GOtv. We understand the impact this change may have on you—our valued customer—but the rise in the cost of business operations has led us to make this difficult decision. It remains our mission to provide the best entertainment and viewing experience to you, and we are committed to continuing to deliver high-quality content and unparalleled service.”
[Nairametrics]