Business
Competition Tribunal Orders Coca – Cola to pay N190 million misleading Fines Within 60 Days
Upholding the FCCPC’s five-year investigation, findings, and imposed penalties, the tribunal ruled that NBC’s conduct constituted misleading practices in violation of Nigerian law.
The tribunal criticised the FCCPC’s acceptance of the post-judgment settlement, saying it conflicted with the commission’s regulatory obligations.
The Competition and Consumer Protection Tribunal ( CCPT) has ordered the Nigerian Bottling Company Limited (NBC), also known as Coca-Cola Nigeria Limited to pay the N190 million administrative penalty imposed on the company for misleading packaging, within 60 days .
This was contrary to the settlement reached between the Federal Competition and Consumer Protection Commission (FCCPC) and the NBC in the case that stemmed from an August 2024 announcement by the FCCPC in which it accused Coca-Cola and NBC of engaging in unfair marketing tactics and misleading consumers.
In a judgment delivered on Monday, April 28, a three-member panel led by presiding judge Thomas Okosun dismissed NBC’s application to adopt the settlement terms as judgment, describing it as an “attempt to arrest judgment.”
NBC’s counsel, O. Ogunride, had informed the tribunal of a settlement agreement reached with the FCCPC, requesting its adoption as a consent judgment.
The FCCPC’s representative, Abimbola Ojenike, confirmed the existence of the settlement, stating that discussions had been finalised with Akoji Achimugu, the commission’s legal director.
However, the tribunal pointed out that the terms of settlement were filed after judgment had been reserved and both parties had submitted their final written arguments.
Okosun ruled that “the notion of arrest of judgment is unknown to Nigerian law,” stressing that entering a settlement at this stage exceeded the FCCPC’s statutory authority and undermined its role as a regulator.
The tribunal criticised the FCCPC’s acceptance of the post-judgment settlement, saying it conflicted with the commission’s regulatory obligations.
The tribunal emphasized its constitutional duty to the public, asserting that it could not engage in private compromises between parties.
The panel also criticized the FCCPC’s sudden shift from its earlier position, noting that the proposed settlement declared “there is no penalty,” directly contradicting the commission’s findings from its investigation.
Consequently, the tribunal rejected the settlement and proceeded to deliver its final judgment.
Upholding the FCCPC’s five-year investigation, findings, and imposed penalties, the tribunal ruled that NBC’s conduct constituted misleading practices in violation of Nigerian law.
It affirmed that the ₦190 million administrative penalty was consistent with the Federal Competition and Consumer Protection Act (FCCPA) and the 1999 Constitution (as amended).
NBC’s appeal was dismissed for lack of merit, and the company was ordered to pay the fine within 60 days.
Business
Nigeria Strongly supports BRICS – Tinubu
BRICS is an acronym that stands for Brazil , Russia , India , China and South Africa.
•Photo (L-R) : Brazil’s President Luiz Inacio Lula Da Silva , welcome Nigeria’s President Bola Tinubu, to the summit.
President Bola Tinubu said that Nigeria strongly believes in the South-South cooperation, and supports the BRICS position on the need to focus on collective, fair, and equitable global development.
Nigeria officially became the ninth partner country of BRICS in January 2025.
President Tinubu , in his address during the 17th meeting of the Global South and the Emerging Economies bloc, BRICS, on Saturday in Rio de Janeiro, Brazil, said :
” Nigeria strongly believes in South-South cooperation. We can, therefore, not be passive participants in global decision-making on financial restructuring, debt forgiveness, climate change, environmental issues, and healthcare.
“We must be the architects of a future that addresses the specific needs and concerns of youths, who represent 70 per cent of our population in Nigeria.
Therefore, Nigeria remains guided by our long-term vision, 2050, and nationally determined contribution.
“President Bola Tinubu also called for a reevaluation of the current global governance structure and the financial and healthcare systems, urging greater equity and inclusion for low-income and emerging economies, particularly in Africa.
President Tinubu stated that environmental degradation, the climate crisis, and healthcare inequalities should receive more attention, as they contribute to slowing growth and development.
“Nigeria, therefore, associates with what I have heard today and all that has happened in BRICS.
“As we approach COP-30 and look to strengthen the global health system, we believe the BRICS must not only be a bloc for emerging economies but also a beacon for emerging solutions and resolutions rooted in solidarity, self-reliance, sustainability, and shared prosperity of a common future.”
Meanwhile, other BRICS partner countries include: Belarus, Bolivia, Cuba, Kazakhstan, Malaysia, Thailand, Uganda, and Uzbekistan.
The 16th BRICS Summit in Kazan in October 2024 created the partner-country category.
These countries participate in BRICS activities, benefiting from cooperation in areas like trade, investment, and technology.
The partner country category was introduced during the 2024 BRICS Summit in Kazan, Russia, allowing nations to engage with BRICS without committing to full membership.
BRICS is an acronym that stands for Brazil , Russia , India , China and South Africa.
BRICS is a grouping of these five major emerging economies that cooperate on economic, political and social issues.
Business
Court backs NIBSS’ right to manage BVN database
The company sued the Incorporated Trustees of Digital Rights Lawyers Initiative, the CBN, and the Attorney General of the Federation.
A federal high court in Abuja has ruled that the Nigeria Inter-Bank Settlement System (NIBSS) has the legal right to manage the country’s bank verification number (BVN) database.
Justice James Omotosho delivered the judgment on Friday, declaring that NIBSS operations comply with the Central Bank of Nigeria (CBN) Act and other relevant financial laws.
BusinessDay reported that the case arose after NIBSS, represented by senior advocate Wolemi Esan, took legal action to confirm its authority over the BVN system.
The company sued the Incorporated Trustees of Digital Rights Lawyers Initiative, the CBN, and the Attorney General of the Federation.
NIBSS wanted the court to declare that its management of BVN data does not violate Nigerians’ constitutional right to privacy or break any existing laws.
The company also sought a permanent court order preventing anyone, including the Digital Rights Lawyers Initiative, from challenging its role.
The bank settlement system argued that it has the power to develop and regulate nationwide infrastructure for electronic payments and fund transfers, which includes the BVN system.
Business
Nigeria fines MultiChoice ₦766m for violations of data protection
The fine followed an investigation that began in the second quarter of 2024 after concerns were raised about the company’s handling of customer information.
he Nigeria Data Protection Commission (NDPC) has imposed a fine of N766,242,500 on MultiChoice Nigeria, citing violations of the Nigeria Data Protection Act (NDP Act), including alleged breaches of subscriber privacy and illegal cross-border transfer of personal data.
This was disclosed in a statement issued on Sunday by Babatunde Bamigboye, Head of Legal, Enforcement and Regulations at the Commission.
The fine followed an investigation that began in the second quarter of 2024 after concerns were raised about the company’s handling of customer information.
According to the Commission, the probe revealed that MultiChoice processed personal data of not only its subscribers but also their associates without due consent or lawful justification.
The Commission also found that MultiChoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria,” the statement read.
“The depth of data processing by MultiChoice is patently intrusive, unfair, unnecessary, and disproportionate.”
The NDPC described the data practices as a violation of Section 37 of the 1999 Constitution, which guarantees the right to privacy, as well as a contravention of data sovereignty obligations under national and international law.
The Commission noted that it had previously issued standard remediation directives to the company, but found MultiChoice’s response inadequate.
“For want of cooperation, the Commission has directed MultiChoice to pay N766,242,500 for violating the Nigeria Data Protection Act,” the statement added.
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