In a noteworthy legal turn, the Competition and Consumer Protection Tribunal (CCPT) has approved the dismissal of a case challenging a subscription price hike by MultiChoice Nigeria.
Naija News reports that the tribunal, consisting of three members and led by Thomas Okosu, issued the interim order after Festus Onifade, the claimant, requested to withdraw his case against the media company.
The case, which garnered significant public attention, started on April 29 when the tribunal initially stopped MultiChoice from increasing its tariffs and service costs, which were set to start on May 1.
This move was seen as a win for consumers worried about rising subscription costs.
However, MultiChoice Nigeria, unhappy with the decision, announced plans to appeal and was fined N150 million for challenging the tribunal’s jurisdiction.
The company’s lawyer, Moyosore Onibanjo, asked for the case to be paused until the Court of Appeal ruled on their applications.
During Monday’s ruling, Onibanjo argued that the tribunal should wait for the Court of Appeal to decide before continuing with the case.
Festus Onifade, the claimant, opposed MultiChoice’s request for an indefinite delay. Onifade argued that the tribunal had already ruled on the matter and that MultiChoice should have first sought a stay of proceedings from the tribunal before appealing to a higher court.
He pointed out that only if the tribunal denied the stay could MultiChoice approach a higher court, which would then make a final decision before the lower court’s proceedings could be halted.
I.O. Alaba, representing the Federal Competition & Consumer Protection Commission (FCCPC), urged the tribunal to consider all arguments carefully.
In his ruling, Okosu acknowledged MultiChoice’s right to appeal but emphasized that the company had not followed the correct legal procedures.
He noted that the legal team had not shown any special circumstances preventing them from seeking the tribunal’s permission to suspend the proceedings.
“While we agree that MultiChoice has the right to appeal a matter before this tribunal, proper procedures must be followed,” Okosu stated.
“We reviewed the Court of Appeal Rules and found no reasons preventing MultiChoice from filing a stay of proceedings and execution before this tribunal.”
With these points in mind, the tribunal decided there was no reason to stay the case and would proceed to hear and determine the matter.
Okosu reiterated that the tribunal could not break its own rules on vacation and granted the claimant’s request to withdraw the suit. No costs were awarded in dismissing the case.
The tribunal adjourned the case to November, giving MultiChoice Nigeria a temporary reprieve.
