Multichoice Nigeria has challenged the jurisdiction of the Competition and Consumer Protection Tribunal (CCPT) sitting in Abuja, which recently restrained it from increasing the prices of its DStv and GOtv packages.
In an application on Tuesday, Counsel to Multichoice, M.J. Onibanjo (SAN), told the tribunal to decline jurisdiction on the suit filed by Festus Onifade because such a price dispute case had been decided before in favour of his client.
Onibanjo argued in his motion on notice that, while Onifade is seeking to regulate the prices of the services provided by Multichoice, the tribunal, not being the President of the Federal Republic of Nigeria, lacks the jurisdiction to regulate the prices of goods and services under the FCCPA 2018.
The senior lawyer maintained that the planned increase announced by Multichoice on April 24, 2024, is a completed act because all its systems have been so configured.
He is praying for an order of the tribunal striking out suit no. CCPT/OP/2/2024 between Festus Onifade and Multichoice Nigeria for lack of jurisdiction.
“An order staying the execution and enforcement of the instant interim order of this honourable tribunal granted on April 29, 2024,” Onibanjo prayed in his motion.
It would be recalled that the tribunal had earlier restrained MultiChoice from increasing its subscription rates pending the hearing and determination of a motion on notice filed by Festus Onifade through his lawyer, Ejiro Awaritoma.
Onifade, who sued Multi-Choice Nigeria Ltd. and the Federal Competition and Consumer Protection Commission (FCCPC), accused the former of unjustly increasing subscription fees.
A three-member panel of the tribunal, chaired by Saratu Shafii, ruled in favour of Onifade by restraining Multi-Choice in the interim order in the suit marked CCPT/OP/2/2024.
The court held that “the 1st Defendant (Multichoice) is hereby restrained, whether by themselves, her privies, or by whatever name called, from going ahead with the impending price increase schedule to take effect on May 1, 2024, pending the hearing and determination of the Motion on Notice already filed before this Honourable Tribunal.”
Onifade filed a counter affidavit, maintaining that the present matter does not seek to regulate the prices of goods and services of Multichoice as claimed and adding that “the matter Festus Sanmi and 1 another vs. Multi-Choice Nigeria Limited and 1 another previously decided by this honourable tribunal and the present suit are not the same both in parties and subject matter.”
He asked the Tribunal in his fresh motion to direct Multi-choice Nigeria Limited to pay the sum of N1 billion or any amount the Tribunal may deem appropriate for “deliberately disobeying, contravening, and failing to comply with the Interim Order of this Honourable Tribunal granted on April 29, 2024.”
Onifade contended that despite the subsisting order of the court, Multichoice neglected it by wilfully increasing the tariffs of her products and services on May 1st, 2024.
Moreso, Onifade filed Form 48, a notice that seeks to commit a party to prison for alleged disobedience to court orders.
The notice was filed against Mohammed Sageer Sani, the Abuja manager of Multi-Choice Nigeria Limited.
On the part of N. Adeke, counsel for the FCCPC acknowledged receiving the motion on notice filed by the claimant as well as the memorandum of conditional appearance and motion of multichoice.
He said, “The commission intends to respond to the motion on notice filed by the defendant. We ask for a short date to respond to the motion.”.
Onifade, who did not oppose the request for adjournment, however, asked that the matter be adjourned for a full-blown hearing.
But the three-man panel chaired by Justice Thomas Okosu adjourned the suit until May 16 to enable all parties to file all the necessary applications.
Multichoice announced new price adjustments on DStv and GOtv packages on Wednesday, April 24, 2024.
The email message to subscribers read, “On Wednesday, May 1, 2024, we will adjust our prices across all our packages on OStv and GOtv.
“We understand the impact this change may have on you, our valued customer, but the rise in the cost of business operations has led us to make this difficult decision.
“It remains our mission to provide the best entertainment and viewing experience to you, and we are committed to continuing to deliver high-quality content and unparalleled service.”
