A competition and consumer protection tribunal (CCPT) has granted the dismissal of a subscription price hike case instituted against MultiChoice Nigeria.
A three-member tribunal led by Thomas Okosu, gave the
interim order following an oral application by Festus Onifade, the claimant, to
withdraw his case against MultiChoice.
On April 29, the tribunal stopped MultiChoice from
increasing its tariffs and cost of products and services, which was scheduled
to begin on May 1.
A few days later, MultiChoice Nigeria said it would appeal
the ruling of the CCPT after the company was fined N150 million for challenging
the court’s jurisdiction.
At the ruling on Monday, Moyosore Onibanjo, MultiChoice’s
lawyer, asked the tribunal to adjourn the matter until the court of appeal
decided on his applications.
Onibanjo also said the law dictates that when a tribunal is
aware that an application is before the court of appeal, 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 &
Consumer Protection Commission (FCCPC), asked the tribunal to exercise its
wisdom and discretion based on the arguments of both parties.
Ruling on the applications, Okosu said while MultiChoice has
the right to appeal, “proper procedures must be followed by MultiChoice”.
He said MultiChoice’s legal team had not shown the special
circumstances that restrained it from seeking the tribunal’s leave to suspend
its 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.”
The judge said he could not disobey the tribunal’s own rule
on vacation.
“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 to November.
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