By: Vincent Amadi
The Competition and Consumer Protection Tribunal (CCPT) has dismissed a suit filed against MultiChoice Nigeria for an increase in subscription prices.
The three-judge tribunal presided over by Thomas Okosu issued an interim injunction following an oral request by the plaintiff, Festus Onifade, to withdraw his suit against MultiChoice.
On April 29, the court restrained MultiChoice from increasing tariffs and the cost of products and services that were scheduled to commence from May 1.
A few days afterward, MultiChoice Nigeria reported that it would appeal against the CCPT ruling after it was fined N150 million for challenging the court’s jurisdiction.
Delivering the ruling on Monday, MultiChoice counsel Moyosore Onibanjo asked the court to adjourn the matter until the Court of Appeal rules on his application.
Onibanjo also said the law stipulates that the court must allow the decision of the court if it knows that the application is pending at the Court of Appeal.
Onifade’s side said the issue of indefinite adjournment had been decided by the court and could not be reconsidered by MultiChoice.
He said the stay of proceedings in his case must first be applied for at the court that issued the decision.
“It is only upon the refusal of that stay that the applicant can approach a higher court,” Onifade added.
“Even where an applicant approaches a higher court, that higher court must make a positive pronouncement before the proceedings of a lower court can be stayed.”
I.O. Alaba, counsel to the Federal Competition & Consumer Protection Commission (FCCPC), urged the court to make the best decision based on the arguments of both parties.
In ruling on the application, presiding Judge Okosu said that MultiChoice has a right to appeal but “proper procedures must be followed by MultiChoice”.
He said MultiChoice’s legal team had not explained any special circumstances that would prevent it from applying to this court for a stay of the proceedings.
“Whereas we agree that MultiChoice has the right to appeal on a matter before this tribunal, the proper procedures must be followed,” Okosu said.
“We have reviewed the positions of Order 6, Rule 4 of the court of appeal rules, and did not see or find any circumstances that prevented MultiChoice from filing a stay of proceedings and execution before this tribunal.
