A Competition and Consumer Protection Tribunal (CCPT) has dismissed a case against MultiChoice Nigeria, allowing the company to proceed with its planned subscription price hike.
The tribunal granted the dismissal after the claimant, Festus Onifade, withdrew his case against MultiChoice.
The decision comes after a series of legal battles between MultiChoice and the Federal Competition & Consumer Protection Commission (FCCPC).
In April, the tribunal stopped MultiChoice from increasing its tariffs and cost of products and services, which was scheduled to begin on May 1 but the company appealed the ruling and was fined N150 million for challenging the court’s jurisdiction.
At Monday’s ruling, MultiChoice’s lawyer, Moyosore Onibanjo, requested that the case be adjourned until the court of appeals rules on his applications.
According to Onibanjo, the law requires that when a tribunal is aware that an application is before the court of appeals, it must allow the court to decide.
On his part, Onifade said the issue of indefinite adjournment had been decided by the tribunal and could not be reopened by MultiChoice.
He said the stay of proceedings in his case must first be filed in the court where the decision was granted.
“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 and Consumer Protection Commission (FCCPC), asked the tribunal to use its wisdom and discretion based on both parties’ arguments.
In his ruling, tribunal chair Thomas Okosu explained that while MultiChoice has the right to appeal, “proper procedures must be followed.”
He noted that MultiChoice’s legal team had not demonstrated any circumstances that prevented the company from filing a stay of proceedings and execution before the tribunal.
“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.
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“In the circumstances, this tribunal has nothing to stay and will therefore proceed to hear and determine this matter.”
“The oral application of the claimant to withdraw this suit is hereby granted. No cost is awarded,” the tribunal ruled.
Okosu therefore adjourned the case until November.
