Multichoice Nigeria questions tribunal’s jurisdiction to restrain DStv, GOtv price hike
By Jeffrey Agbo
Multichoice Nigeria has filed an application before the Competition and Consumer Protection Tribunal (CCPT) sitting in Abuja challenging its jurisdiction to restrain it from increasing the prices of its DStv and GOtv packages.
The cable TV company announced on Wednesday, April 24, 2024 new price adjustments for packages on DStv and GOtv, sparking outrage among the Nigerian populace already bearing the brunt of inflation. The company said the news prices would be effected on May 1, 2024. But the tribunal issued an interim order, asking it to halt the planned increase.
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 prayed for an order of the tribunal striking out the suit 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.
The tribunal earlier restrained Multichoice from increasing its subscription rates pending the hearing and determination of a motion on notice filed by Onifade through his lawyer, Ejiro Awaritoma.
Onifade, who sued Multichoice Nigeria Ltd. and the Federal Competition and Consumer Protection Commission (FCCPC), accused the former of unjustly increasing subscription fees.
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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 Multichoice 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 1, 2024.
He also 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 Sani, the Abuja manager of Multichoice 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.”
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.
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