By Omowumi Omotosho
The Competition and Consumer Protection Tribunal (CCPT) has dismissed a case challenging a subscription price hike by MultiChoice Nigeria.
The dismissal followed an oral application by Festus Onifade, the claimant, to withdraw his case against MultiChoice, as confirmed by a three-member tribunal led by Thomas Okosu.
Previously, on April 29, the tribunal halted MultiChoice’s plans to increase its tariffs and costs for products and services, which were set to take effect on May 1. In response, MultiChoice Nigeria announced its intention to appeal the CCPT ruling after being fined N150 million for disputing the court’s jurisdiction.
During the latest ruling, MultiChoice’s lawyer, Moyosore Onibanjo, requested the tribunal to adjourn the matter until the Court of Appeal could decide on his applications. Onibanjo emphasized that the tribunal should wait for the higher court’s decision.
On the other hand, Onifade argued that the issue of indefinite adjournment had already been resolved by the tribunal and could not be revisited by MultiChoice. He stated that any stay of proceedings must first be sought in the court where the decision was made.
“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.”
Counsel to the Federal Competition & Consumer Protection Commission (FCCPC), I.O. Alaba, urged the tribunal to exercise its discretion based on the arguments presented by both parties.
In his ruling, Okosu acknowledged MultiChoice’s right to appeal but stressed that proper procedures must be followed. He noted that MultiChoice’s legal team had not demonstrated any special circumstances that prevented it from seeking the tribunal’s permission to suspend 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.
“In the circumstances, this tribunal has nothing to stay and will therefore proceed to hear and determine this matter.”
Okosu also stated that he could not disregard the tribunal’s own rules regarding vacation periods.
“The oral application of the claimant to withdraw this suit is hereby granted. No cost is awarded,” the tribunal ruled.
The case has been adjourned to November.
