MTN, DSTV: Are They Above The Law?

In the last month, MTN and DSTV have behaved like dictators, doing as they please, not giving a hoot about what happens or what anyone does. They are supposed to be private companies that are players in the communications and entertainment industry, regulated by the Nigeria Communications Commission (NCC) and the Federal Competition and Consumer Protection Commission (FCCPC).

A shareholder of MTN and legal practitioner who sought to stop FCCPC from investigating MTN, dragged FCCPC to court, arguing that data protection laws were being violated, insisting that the power to regulate MTN, resides with NCC.

The courts ruled in favour of FCCPC, affirming its statutory authority to regulate competition and consumer protection across all sectors. That aside, the FCCPC is soon arraigning the MD/CEO of MTN and other executive officers on 28th May, 2025; over failure to provide documents and information required by the commission. When the case was called up in court on 5th March, 2025; they were not in court, and the FCCPC lawyer explained that he was just briefed about the case and needed time to study it. That let them ‘off the hook’ and they were rescheduled for arraignment on 28th May, 2025.

The NCC had in a sister court, filed charges against MTN for infringing on the musical productions of an artiste, Maleke Moye. MTN had used Moye’s works for caller ring back tunes without the artiste’s consent. That case would be heard on 15th May, 2025; with the Attorney-General interested in taking over the case. MTN is doing ‘rofo-rofo’ fight with the regulators and it seems the regulator’s hands are tied, or they have tied their hands themselves. Why would your lawyer not be briefed over a case you’re prosecuting with a big day in court at hand?

DSTV, another corporation that provides satellite TV recently announced a hike in prices. The FCCPC issued a statement asking DSTV to halt its planned hike in prices, pending the conclusion of an investigation into the proposed tariff hike. It was not so long ago, that DSTV increased their prices across their consumer packages.

Despite the halt order from the regulators, DSTV went ahead and increased the prices of their packages, with the premium bouquet going for N44,000! The FCCPC has now taken legal action and has instituted legal proceedings against DSTV at the Federal High Court, Lagos Judicial Division. The FCCPC’s director of corporate affairs, Ondaje Ijagwu, explains that DSTV has violated regulatory directives and obstructed an ongoing investigation. He said that DSTV is undermining regulatory authority and is exhibiting a pattern of conduct that also undermines consumer rights and fair competition. Another ‘rofo-rofo’ fight, and a clear case of impudent behaviour towards federal authority.

Just recently, all the telcos were guilty of an arbitrary increase in call and data rates beyond the approved 50 percent by the NCC. They apologised afterwards and reduced the prices. But are the prices they are charging currently only 50 percent? Data was about N250 per gigabyte, but now sells for N700 per gigabyte. Is this not more than 50percent? I’m not certain about the call rates but the cries of foul around the media space is too loud and too genuine to ignore.

A consumer, Kunle Kenny, who had subscribed for 1 terabyte was profusely protesting the huge decrease in his data after using his gadget for about a month plus. His data balance was showing a massive 620 gigabytes as diminished or exhausted! Another user was complaining about a 40 gigabytes subscription that was exhausted in a jiffy. Users are making comparisons about data longevity and costs between our telcos and other foreign providers, and the chorus is that we are being ripped off. Just like the NLC suggested, users and influencers are beginning to wage war on some telcos like MTN. Harshtags for the ‘cancelling’ and boycott of MTN have begun to fly.

Meanwhile, the naira is gaining value, petrol and diesel prices have been on a downward spiral for a while, and food prices are plummeting as well; so why are MTN, DSTV and their co-travellers bent on increasing their prices? The quality of their services has been on a decline too, almost as if the hikes in prices came with a corresponding drop in service quality. The services are not improving, yet the charges keep increasing. What are we missing?

Hmm… we are missing a lot actually. Drop calls, calls not connecting even on the same network, and poor data services are the order of the day. Nigerians now use two to three networks just to have the service that they would have otherwise been served with using one network. I grumpily pay my DSTV subscription to watch my flop team, and yet the subscription cannot connect to my DSTV Stream! You can’t even watch your flop in peace.

The NCC and the FCCPC, have got to put these guys in their shoes. Right now, they are walking in dictators’ shoes. The FCCPC is trying obviously, but much is to be desired from the NCC, please wake up and see!