Despite tariff increase, MultiChoice challenges tribunal’s jurisdiction

Despite MultiChoice Nigeria Limited’s implementation of its upward increase in price, the company has challenged the jurisdictional capacity of the Competition and Consumer Protection Tribunal (CCPT) to issue an order barring it from hiking its tariffs. The firm is also contending that the issue raised in the case before the tribunal (tariffs’ hike) is res […]

Despite MultiChoice Nigeria Limited’s implementation of its upward increase in price, the company has challenged the jurisdictional capacity of the Competition and Consumer Protection Tribunal (CCPT) to issue an order barring it from hiking its tariffs.

The firm is also contending that the issue raised in the case before the tribunal (tariffs’ hike) is res judicata (had been pronounced on by a court) and that it was a completed act, which has been carried out.

While addressing the three-member tribunal Tuesday, MultiChoice’s lawyer, Moyosore Onigbanjo (SAN), said his client filed an application on April 30 challenging the jurisdiction of the tribunal to make the order it made on April 29.

Onigbanjo, the immediate past Attorney General of Lagos State, said he also filed a memorandum of conditional appearance on the same April 30.

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He urged the court to first hear and determine his client’s application before taking any further steps in the case challenging Multi-Choice’s recent raise of its tariffs.

Onigbanjo contended that where the jurisdiction of a court is challenged, the issue must first be decided before the court could take further steps in the case.

The tribunal had on April 29 issued an ex-parte interim injunction restraining MultiChoice from increasing DSTV and GOTV tariffs scheduled to begin on May 1, pending the determination of the case, marked: CCPT/OP/02/2024, filed by a lawyer, Festus Onifade, who claimed to also be a subscriber.

At the mention of the case on Tuesday, Onifade sought to have his pending motion heard, but was opposed by Onigbanjo and the lawyer to the second defendant, Federal Competition and Consumer Protection Commission (FCCPC), M. Adeke demanded time to file their responses.

Onifade also drew the tribunal’s attention to some fresh motions he filed, including a “Notice of consequence of disobedience to order of the court (Form 48)”

He also spoke about a motion in which he is seeking an order, directing MultiChoice to pay of N1billion or any amount the tribunal deems appropriate as a penalty for its alleged deliberate disobedience and failure to comply with the interim order issued on April 29.

In a supporting document, Onifade claimed that despite being aware of the order, which was duly served on MultiChoice on April 29, the firm deliberately neglected to comply with the order and willfully increased the tariffs on its products and services on May 1.

Onifade claimed that MultiChoice has a history of disobeying court/tribunal orders.

The tribunal has adjourned till May 16 for a hearing.