Broadcasting
MTN Board: Between sentiment and the law
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.
National Broadcasting Commission (NBC) has said that its planned Digital Switch-Over (DSO) project will create access to Nigeria’s N605.2 billion advertising market for broadcasters and content creators.
Speaking at a press conference, Charles Ebuebu, director-general, NBC, said the project is expected to officially launch nationwide on June 17, 2026, while analogue television broadcasting will completely end by December 31, 2028.
According to him, the switch from analogue to digital broadcasting will help government agencies deliver better television services across Nigeria in a way that is sustainable, reliable, and easier to regulate.
Ebuebu explained that digital broadcasting will allow broadcasters and content creators to earn more revenue because audience data can be measured more accurately.
He also said the project could benefit the economy through the release of valuable 700/800 MHz spectrum, which may generate more than $1 billion from future auctions.
The funds are expected to support digital infrastructure and expand broadband access in rural communities.
NBC added that Nigeria’s creative industry, which contributes about N5 trillion to GDP and supports more than 4.2 million jobs, could benefit from improved content distribution and export opportunities across West Africa using NigComSat-1R.
For consumers, NBC said the FreeTV service will not require monthly subscription payments. Households will only need a small satellite dish and an open-standard DVB-S2 decoder, estimated to cost between N15,000 and N25,000.
Broadcasters were encouraged to join the FreeTV platform and take advantage of an 18-month free carriage period.
However, the Commission noted that there is still an ongoing legal dispute involving local manufacturers over set-top boxes, although officials said this will not stop the national rollout.
On satellite expansion plans, Jane Egerton-Idehen, managing director and CEO, Nigerian Communications Satellite Limited, said NIGCOMSAT 2A is expected in 2028, while NIGCOMSAT 2B is planned for 2029.
She added that backup arrangements have already been made to ensure uninterrupted service and that migration to the new system will happen gradually across different regions to avoid nationwide disruptions.
National Broadcasting Commission (NBC) has unveiled a new “Big Picture” strategy aimed at achieving full nationwide Digital Switch-Over (DSO) by December 31, 2028.
DSOis designed to provide Nigerians with superior picture and sound quality while unlocking an estimated N605.2 billion in advertising revenue and generating over $1 billion from digital spectrum auctions.
Charles Ebuebu, director-general of NBC, in a statement issued on Monday, said the revised strategy adopts a converged broadcasting model combining Direct-to-Home (DTH), Digital Terrestrial Television (DTT) and Internet Protocol (IP) systems to expand access to digital television services nationwide.
The Commission also announced June 17, 2026, as the official national launch date for the renewed rollout, describing the framework as a more practical pathway toward a sustainable and affordable digital broadcasting system after nearly two decades of delays.
Ebuebu, said that the transition is no longer being treated as a competition between technologies but as a unified access solution tailored to Nigeria’s geographic and infrastructure realities.
“The Big Picture strategy recognises convergence as the future of broadcasting and aligns with the 2012 DSO White Paper, which adopted both terrestrial and satellite standards including DVB-T and DVB-S2 technologies,” the statement said.
NBC said the Nigerian Communications Satellite Limited (NIGCOMSAT) would play a central role in national content distribution, particularly in underserved and remote areas where terrestrial infrastructure remains weak.
The Commission cited countries such as the United Kingdom, Australia, Kenya, South Africa and Morocco as examples of jurisdictions that successfully adopted hybrid digital broadcasting models to accelerate migration from analogue systems.
On affordability, NBC assured Nigerians that the proposed FreeTV platform would remain subscription-free for baseline access, adding that compatible DVB-S2 decoders currently cost between N15,000 and N25,000. It said discussions were ongoing on possible subsidy arrangements and financing options for low-income households.
The regulator also defended its plan to support both local manufacturing and transitional importation of set-top boxes, noting that Nigeria would require millions of devices over several years to complete the migration.
Beyond transmission, NBC disclosed plans to introduce a national audience measurement system under the GARB ratings framework to improve advertising transparency and broadcasting analytics.
It projected that the DSO programme could unlock Nigeria’s estimated N605.2 billion advertising market while also freeing up valuable digital dividend spectrum estimated at over $1 billion.
NBC further said Nigeria’s creative industry, valued at about N5 trillion and employing more than 4.2 million people, stands to benefit from expanded distribution channels and improved content monetisation.
Broadcasters, it added, would enjoy free carriage on the platform for 18 months, alongside wider national reach, indigenous language channels and improved commercial opportunities.
Association of Licensed Set-Top Box Manufacturers of Nigeria (STBMAN) has warned that the unilateral implementation transition from analogue to digital broadcasting, could trigger confusion, legal disputes, and disruptions capable of undermining the credibility of the 2027 general election.
STBMAN urged President Bola Ahmed Tinubu to urgently intervene and halt what it described as a unilateral implementation process, pending wider consultations with stakeholders in the broadcasting industry.
Sir Godfrey Ohuabunwa, chairman of the association in statement in Abuja, faulted the current implementation process by the National Broadcasting Commission’s (NBC).
STBMAN said that although it supports Nigeria’s digital migration programme, the approach currently being pursued by the NBC appeared rushed and inconsistent with the 2012 Digital Switchover (DSO) White Paper approved by the Federal Executive Council.
The association argued that the arrangement being presented as a Digital Switchover was merely the aggregation of channels on NigComSat platforms rather than a fully Digital Terrestrial Television (DTT) migration as originally envisioned under the national DSO framework.
According to the group, failure to carry critical stakeholders along could erode public confidence, weaken access to information, and create avoidable disruptions in the broadcasting sector at a politically sensitive period ahead of the 2027 elections.
It noted that millions of Nigerians still depend on free-to-air broadcasting for information dissemination, civic education, election coverage,e and public enlightenment.
The group stressed that any poorly coordinated migration process could result in signal disruptions, public confusion, and unequal access to information during the election season.
STBMAN also expressed concern that the NBC risked creating a conflict of interest by acting simultaneously as regulator and content aggregator, contrary to the spirit of the 2012 White Paper and global best practices guiding digital broadcasting migration.
The association, therefore, called for an urgent national stakeholders’ roundtable, an independent legal and technical review of the DSO process, review and update of the 2012 DSO White Paper, nationwide public sensitisation on the implications of digital migration, and measures to protect local broadcasting and public interest.
It maintained that it was not opposed to digital migration but insisted that the process must be transparent, inclusive, lawful, and technically sound.
The group warned that failure to properly manage the transition could weaken democratic communication structures, waste public resources, and negatively affect national cohesion and the credibility of the 2027 elections.
“Mr. President, Nigeria cannot afford confusion in its broadcasting system at a time the nation is preparing for another critical democratic transition. The time to act is now,” the statement added.
Association of Licensed Set-Top Box Manufacturers of Nigeria, represents domestic electronics manufacturers responsible for producing the decoder boxes needed for the country’s transition from analogue to digital broadcasting.
Bharti Airtel Named Fourth Largest Mobile Network Operator in the World
NCDC Warns against Using Bitter Kola, Salt Water as Ebola Remedies
MTN Reportedly Spends N60Bn on Diesel Annually
Otti Unveils NKATA, N306m Tech Grant for Qualified Abia Businesses
ALX Broadens AI Training in Africa
MTN, VDT, Zoracom, Digital Realty Back 2026 Girls in ICT Campaign
Vitel Wireless Partners Fintechs to Expand Access to Services
FG Okays 112 as Toll-Free National Emergency Response Number
Opay Plans IPO in US, Targets $4Bn in Valuation
CPN Begins Crackdown on Quack IT Professionals, Vows Tougher Action against Cybercrime
News3 days agoMoniepoint Group Commits to Boost Hands-on, Entrepreneurship in Three Nigerian Universities with ₦3B Innovation Hubs
E-Financial3 days agoNIBSS Blames System Glitch for Disappearance of N13.66Bn, Seeks Court Nod for Recovery
E-Business3 days agoPope Calls for ‘Disarming’ of AI, Warns of “New Forms of Slavery”
News3 days agoNITDA Raises Alarm over Fake ‘CPM’ Platform Extorting Victims Using Agency’s Name
Telecom3 days agoKaspersky Reveals NFC Relay Attacks on Smartphones Surged by 188% in 2026
General News3 days agoNigeria is World Bank’s Third-Largest Borrower with $18.5Bn – IDA
E-Business2 days agoKaspersky Brings AI-driven Context to Cloud Workload Security
Telecom2 days agoAirtel, Glo Restore Emergency Airtime Lending Services After FCCPC Suspension