Moreplex TV Sues MultiChoice Nigeria Ltd for Monopoly, Demands Sub-Licensing of TV Channels(Document) | #NwokeukwuMascot

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In a significant legal battle, Moreplex TV has initiated a lawsuit in THE FEDERAL HIGH COURT OF NIGERIA IN THE PORT HARCOURT JUDICIAL DIVISION HOLDEN AT PORT HARCOURT against MultiChoice Nigeria Ltd. The lawsuit alleges monopolistic practices and demands the sub-licensing of TV channels. Filed on July 7, 2023, it seeks several critical reliefs from the court.


Moreplex TV's lawsuit outlines the following demands: “Declaration of Unlawfulness: Moreplex TV seeks a court declaration that MultiChoice's continued refusal to sublicense requested channels is unlawful and breaches the Nigerian Broadcasting Code, 6th Edition (as amended).



“Regulatory Failure: The plaintiff requests a declaration that the Nigerian Broadcasting Commission (NBC)'s failure to impose sanctions on MultiChoice for breaching the Broadcasting Code constitutes dereliction of duty. This failure has caused significant losses and frustration to Moreplex TV's business.



“Order to Sublicense Channels: Moreplex TV seeks a court order compelling MultiChoice to sublicense the requested channels at prorated charges, as stipulated in the Broadcasting Code.



“Directive to NBC: The suit requests an order compelling the NBC to issue directives based on Moreplex TV's report of MultiChoice's breach of the Broadcasting Code.



“General Damages: Moreplex TV is claiming ₦500,000,000 in general damages for the losses and frustrations caused by the defendants' breach of the Broadcasting Code.



“Injunction: The plaintiff seeks a perpetual injunction restraining MultiChoice from harassing or interfering with Moreplex TV's business operations.

“Post-Judgment Interest:The plaintiff also requests a 10% post-judgment interest on the awarded sum until full liquidation.”



The case was supported by affidavits from Emmanuel Ifeanyi Olunkwa, a Nigerian citizen, and addressed by Moreplex TV's legal team led by A. Nworgu, Esq. The defense team for MultiChoice, led by I. D. Wariboko, Esq., opposed the suit, urging the court to dismiss it. The NBC, represented by A. P. Deekia, Esq., filed two counter-affidavits in response to Moreplex TV's claims, urging the court to reject the plaintiff's reliefs.



On March 8, 2024, Justice Phoebe M. Ayua delivered a landmark judgment. The court ruled in favor of Moreplex TV, declaring that MultiChoice's refusal to sublicense channels was unlawful and in violation of the Broadcasting Code. The court also criticized the NBC for failing to enforce its regulations, labeling this a breach of its statutory duty.

The court ordered MultiChoice to sublicense the requested channels to Moreplex TV and awarded ₦200,000,000 in general damages to the plaintiff, with a 10% post-judgment interest until full payment.



Despite the clear court order, the NBC has yet to enforce the judgment, and MultiChoice has appealed the ruling. The appointment of the new NBC Director-General, Charles Ebuebu, has sparked hope for a change in the regulatory landscape. Ebuebu's reputation for thoroughness brings optimism that the issues of monopoly and exclusivity will be addressed, fostering a fair and competitive environment for Pay TV operators in Nigeria.



The enforcement of the NBC Code is critical in ensuring local Pay TV platforms can thrive, offering consumers more affordable and diverse options. The broadcasting industry awaits decisive action from the NBC to uphold its rules and the court's judgment, breaking the monopolistic hold that has stifled competition and growth.

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