Multichoice, a prominent Pay-TV operator in Nigeria, has challenged the jurisdiction of the Competition and Consumer Protection Tribunal (CCPT) sitting in Abuja which recently restrained it from increasing in the prices of its DStv and GOtv packages.
During legal proceedings Multichoice’s lawyer, M.J. Onibanjo (SAN) told CCPT in his application on Tuesday that it doesn’t have the jurisdiction to handle the suit filed by Festus Onifade because such a price dispute case had been decided before in favour of his client.
M:J Onibanjo (SAN) argued that while Onifade is seeking to regulate prices of the services provided by Multichoice, the Tribunal, not being the President of the Federal Republic of Nigeria lacks the jurisdiction to regulate prices of goods and services under the FCCPA 2018.
The senior lawyer maintained that the planned increase announced by Multichoice on 24th April 2024 is a completed act because all its systems have been so configured.
Below is Onibanjo motion:
“An order of this honorable tribunal striking out suit no: CCPT/OP/2/2024 between Festus Onifade and Multichoice Nigeria for want of jurisdiction.
“An order staying the execution and enforcement of the instant interim orders of this honourable tribunal granted on 29th, April, 2024”.
Recall that the tribunal had previously 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. So he sought an interim orders against the Pay TV.
Last Monday, a three-member tribunal chaired by Saratu Shafii, ruled in favour of Onifade by restraining Multichoice in the interim, in the suit marked CCPT/OP/2/2024.
The court held that “the 1st Defendant(Multichoice) is hereby restrained, whether by themselves, her privies, assigns by whatsoever name called, from going ahead with impending price increase schedule to take effect from 1st May 2024 pending the hearing and determination of the Motion on Notice already filed before this Honourable Tribunal.”
But on his part, Onifade filed a counter affidavit maintaining that the present matter does not seek to regulate prices of goods and services of Multichoice as claimed.
“The matter FESTUS SANMI ONIFADE & 1 ORS VS. MULTI- CHOICE NIGERIA LIMITED & 1 ORS previously decided by this honourable Tribunal and the present suit are not the-same both in parties and subject-matter,” Onifade added.