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MTN Board: Between sentiment and the law

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By Ray Umukoro

A pro-democracy activist and lawyer, Osa Director, has sued MTN Nigeria Plc. In suit No. FHC/L/CS/1413/24 filed at the Federal High Court, Ikoyi, Lagos, the activist vide an originating summons is asking the court to dissolve the board of MTN.

Without prejudice to the outcome of the case now before Justice Deinde Dipeolu, it is important to interrogate the context and motive of the suit, its propriety and relevance. But, first, it must be established that the plaintiff reserves the right to seek and pursue judicial intervention on a matter he deems fit.In this instance, he is accusing the telecommunications giant of industry capture, undue dominance and influence peddling with the calibre of persons it has filled its Board with. In his submission, the MTN Board is populated with men and women with regulatory agency experience and clout. “The board of MTN being occupied by individuals who have a history of regulatory oversight, taxation authority and pensions will undermine the integrity of our various institutions and create room for influence peddling and regulatory capture,” the plaintiff asserts.

For example, he argued that Dr. Ernest Ndukwe, an engineer of repute, who is the current chairman of MTN board was a former Executive Vice Chairman of the Nigerian Communications Commission, NCC, which was a licensor and chief regulator of MTN.

Also, Mrs. Ifueko Omogui Okauro, another director on the board of MTN was the pioneer Chief Executive of the Federal Inland Revenue between 2004 -2012. Another Board member spotlighted was a former minister of Communication Technology, Mrs. Omobola Johnson, an engineer. The ministry she presided is charged with performing oversight function over MTN. Also, the pioneer Director General and Chief Executive of National Pension Commission, Pencom, Alhaji Mohammad K. Ahmad is on the board of MTN. His argument is that such constituted board gives undue dominance and advantage to MTN. To him, it amounts to influence peddling and industry capture.Among the reliefs sought by the plaintiff are, a declaration that the appointments of the affected officers to the board of MTN contravenes universally acceptable corporate governance practices. He is asking the court to grant an order nullifying their appointments, and a perpetual injunction restraining the affected persons, their servants, agents and or privies from either further appointing or accepting any such appointment.

The plaintiff is also requesting the court to mandate the affected persons to refund benefits, monetary or otherwise already received by them by virtue of their appointments. A cost of N50 million is demanded to be awarded against the defendants. While it is appropriate to leave the court to determine the fate of the afore-listed prayers, it is equally imperative to state the liberties and privileges available to MTN to make appointments into its Board.

First, it must be stressed that MTN Nigeria which is duly listed on the Nigerian Exchange (NGX) has been a market leader since 2001 when the early bird mobile network operators (MNOs) rolled out services. This was many years before the appointment of the ex-regulators as claimed by the plaintiff. Therefore, their appointment cannot equate to ‘market capture’ in a market in which MTN was a clear leader ab initio.

The plaintiff portrays MTN as an unpatriotic entity with a tendency for undercutting competition. This is an unkind cut even as it is an uncharitable assertion to make on a company that showed unwavering confidence in the Nigerian market more than the competition. Nigerians are witnesses to the heavy investments made by MTN from 2001 which also gave it a head-start in the marketplace, amassing more subscribers and acquiring the status of a telco with more national spread.

Needless restating here that as part of its culture of global best practice, MTN has always recruited masterminds, unassailable professionals and technocrats with a pedigree of sterling performance. The cast of Board members listed by the plaintiff fall within the class of professional outliers with a track record of excellence. MTN has not offended any Nigerian law by appointing the best of the lot. It is in tandem with its culture of placing merit above mediocre.

Besides, these men and women have left their past duty posts as regulators and are not known to sit actively on the board of other corporates that are in competition with MTN. It is unfair to criminalise an entity that places premium on excellence.When has it become a sin to hold public office in Nigeria and to hold further offices afterwards? It’s hard to point at any law in Nigeria’s legal jurisprudence that MTN and the defendants violated. There appears here a conflict between law and sentiment. We leave that for the court to adjudicate on.

In the case of Ndukwe, the NCC guidelines for EVCs and Commissioners prescribe three years cooling off period after service before taking up another assignment. Ndukwe exited NCC in February 2010 and did not take up any employment or board appointment until 2018, a good eight years after leaving office.

The same applies to all the other directors listed in the affidavit. They were appointed into public offices after successful careers in the private sector and they returned to their respective private sector endeavors after the few years spent in government assignments. It should be stated that the four person’s stint in government represented less than 20% of their total work experience. So, where is the offence?Anybody with access to the plaintiff’s submissions in his originating summons would think that MTN is a recalcitrant corporate which does not play by the rules. Yet, this is MTN Nigeria that has paid out billions in taxes to Nigeria; the same MTN that has awarded 13, 717 scholarships to 4,949 Nigerian students within 13 years through its Foundation. The same MTN Nigeria that spent about N29 billion in 2024 to deliver primary healthcare at the grassroots across the country, partnering with the Private Sector Health Alliance of Nigeria to deliver 52 Primary Healthcare Centres (PHCs) across the country; and with a promise for additional 40 qualitative and affordable PHCs.

MTN is one of the highest tax-paying companies in Nigeria. In July 2024, MTN paid over N549 billion in taxes and levies to the Federal Government. It ranks as top VAT-payer in Nigeria contributing over N200 billion in VAT per month to the national purse.

This MTN has executed 1,023 projects across Nigeria alongside 50 unique projects, reaching over 31 million people.Since it stepped into Nigeria, MTN has been doing good. Everywhere you go, MTN’s imprints of common good for the good people of Nigeria stares you in the face. From education, healthcare, human capital development and infrastructure, MTN has become a recurring factor in Nigeria’s development. The company that is spending over N200 billion for the completion of the 110km Enugu -Onitsha dual carriageway under the Tax Credit Scheme of the Federal Government cannot suddenly be branded an outlaw. MTN Nigeria is a responsible corporate citizen and it cannot be otherwise branded.

*Umukoro, public policy analyst, writes from Lagos.


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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FG to Gift Nigerians over 100 Free TV Channels from May 15

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National Broadcasting Commission (NBC) is set to launch so-called  FreeTV, with over 100 channels for news, sports, education, entertainment and children’s programming in multiple Nigerian languages.

FG to Gift Nigerians over 100 Free TV Channels from May 15

The launch is scheduled for  May 15.

Charles Ebuebu, director-general, NBC, who disclosed this, said the new platform will offer free-to-air access with no carriage fees, leveraging hybrid satellite and internet delivery via NigComSat-1R.

The new plan is not an upgrade, the NBC stressed. This is a rebuild, according to Ebuebu .

FreeTV will be true free-to-air – no encryption, no set-top box barrier.

Any DVB-T2/S2 television will work. A mobile app will extend reach to phones and tablets.

The platform will launch with over 100 national, regional and state channels across sports, news, children’s programming, education, entertainment and cultural content in Hausa, Yoruba, Igbo, Tiv, Ijaw, Edo, Fulfulde, Ibibio, Efik and Nupe – all in HD.

Crucially, the NBC has partnered with a Bulgarian firm, GARB (operating since 2006 and recognised by the European Broadcast Union), to deliver a 94 per cent-accurate audience measurement system using return-path data, app analytics, demographic panels, and Artificial Intelligence (AI).

To qualify broadcasters, must commit their channels, produce a minimum of 60 per cent local content, and promote FreeTV until January 2029.

After that, a regulated tiered rate card takes effect.

According to NBC, the strategic rationale is simple: build viewers first, monetise later.

The document further revealed that six regional production hubs in Lagos, Abuja, Port Harcourt, Enugu, Kano and Benin would function as local content factories, expected to generate 500 to 1,000 jobs per zone within two years.

 


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What Adekunle Gold’s Support Means for ‘The Gathering on 100

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Popular Nigerian artist Adekunle Gold has lent his support to the growing youth-driven movement behind The Gathering on 100, further amplifying conversations around what is fast becoming one of the most talked-about upcoming experiences among young Nigerians.

What Adekunle Gold’s Support Means for ‘The Gathering on 100

Adekunle Gold

Known for his music and his strong connection with youth culture and evolving creative expression, Adekunle Gold’s involvement signals a deeper alignment between the event and the kind of audience it is attracting, a generation that is bold, expressive, and constantly redefining what community looks like.

While details of his involvement remain understated, his visible support adds a new layer of support and cultural relevance to the movement. In a landscape where attention is currency, endorsements from artists of his stature often act as a signal, drawing more eyes, more curiosity, and ultimately, more participation, but beyond visibility, the significance lies in what it represents.

The new father has, over the years, built a reputation for embracing creativity in its many forms, from music to visual storytelling, fashion, and digital engagement. His brand has consistently resonated with young Nigerians navigating similar spaces of self-expression and identity.

From interactive experiences like live music sessions and open performance moments to fashion runways and content creation spaces, the event is designed to blur the lines between audience and participant. It invites attendees to move beyond observation and become part of the moment.

This is a concept that closely mirrors the kind of cultural shift Adekunle Gold has been part of, one where boundaries between creator and consumer continue to dissolve.

His support also reflects a broader trend within Nigeria’s entertainment industry, where artists are increasingly engaging with youth-led initiatives that go beyond traditional performances. Rather than simply appearing on stage, they are aligning with movements that foster community, creativity, and shared experience.

For fans and attendees, this adds another dimension to what The Gathering on 100 represents.

As registrations increase and conversations expand across social platforms, the movement is gradually taking shape through the collective interest of those drawn to it.

Head to gathering.com to register.


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INEC Warns Broadcasters against Misinformation ahead of 2027 Polls

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Prof. Joash Amupitan, chairman, Independent National Electoral Commission (INEC), has urged broadcast organisations in Nigeria to exercise greater responsibility in the dissemination of information as the country prepares for the 2027 general elections.

INEC Warns Broadcasters against Misinformation ahead of 2027 Polls

Amupitan made the call on Wednesday, while addressing participants at the 81st General Assembly of the Broadcasting Organisations of Nigeria (BON), where he highlighted the growing influence of the media in shaping electoral processes.

He noted that the information environment has become increasingly significant in modern elections, warning that the spread of false or misleading information through broadcast channels could undermine public confidence in the electoral system.

According to the INEC chairman, media organisations must ensure strict compliance with the provisions of the Electoral Act 2026, particularly those relating to  political broadcasting. Politics

He explained that the law requires equitable access to broadcast platforms for all registered political parties, stressing that fairness in media coverage is essential to maintaining a level playing field during elections.

“With 22 registered political parties, fairness in airtime allocation and coverage is a legal obligation,” Amupitan said.

The INEC chairman also cautioned broadcasters against airing content that contains abusive, inflammatory, or divisive language capable of inciting ethnic, religious, or sectional tensions.

Such broadcasts, he said, could threaten national unity and disrupt the electoral process if not properly managed.

Amupitan further reminded media organisations about the 24-hour cooling-off period mandated by law before election day, during which all political campaigns and advertisements must cease.

He explained that the measure is intended to provide voters with time to reflect on their choices without being influenced by last-minute campaign messaging.

While acknowledging the constitutional guarantee of freedom of expression, Amupitan emphasised that the right must be exercised within the limits of the law.

He noted that the airwaves are a public resource and must therefore be used responsibly to ensure fairness, balance, and equal access for all political actors.

The INEC chairman also pointed to the collaborative roles of INEC and the National Broadcasting Commission (NBC) in regulating political broadcasting, although he acknowledged that certain challenges persist.

These challenges, he said, include regulatory overlaps, gaps in enforcement, and the increasing convergence of traditional broadcast media with digital platforms, which has made monitoring political communication more complex.

Amupitan also expressed concern over perceived incumbency advantages in state-owned broadcast stations and the growing commercialisation of political airtime, warning that these practices could disadvantage smaller political parties. Politics

To address these concerns, he called for stronger collaboration between regulatory agencies, clearer guidelines on equal access to media platforms, and improved systems for fact-checking and verification.

He also advocated increased transparency in political advertising, including the disclosure of sponsorship and pricing structures.

Amupitan urged broadcasters to prioritise accuracy and professionalism in their operations, encouraging them to verify information before dissemination and play an active role in combating fake news.

He also called on the media to contribute to voter education and civic mobilisation, noting that public participation is vital to strengthening Nigeria’s democratic process.

Reaffirming the commission’s commitment to transparency, the INEC chairman advised media organisations to rely on official INEC communication channels for verified electoral information.

He added that the credibility of the 2027 general elections would depend not only on electoral logistics and technology but also on the integrity of the country’s information environment.


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