The Competition and Consumer Protection Tribunal has ordered Multichoice Nigeria to give its DStv and GOtv subscribers one month of free subscription.
The tribunal also slammed Multichoice a 150 million naira fine.
The fine was for challenging the jurisdiction of the court, and disobeying its order.
You see, the tribunal had recently restrained Multichoice from increasing the prices of its DStv and GOtv packages.
The rulings were handed down on Friday, June 7, 2024, by a three-man panel chaired by Justice Thomas Okosu.
Trouble began for Multichoice when Barrister Festus Onifade dragged the company and the Federal Competition and Consumer Protection Commission (FCCPC) before the tribunal.
MultiChoice In Trouble
Basically, it was over the decision of the pay-tv operator to increase its subscription.
The tribunal thereafter restrained MultiChoice from increasing its subscription rates pending the hearing and determination of a motion on notice filed by Barrister Onifade.
Meanwhile, the FCCPC accused the Pay TV of unjustly increasing subscription fees.
To them, the hie came without a one-month notice to customers.
Leveraging this, the agency seeks interim orders against Pay TV.
A three-member tribunal chaired by Saratu Shafii had ruled in favour of Onifade by restraining Multichoice in the interim.
The Motion
In the suit marked CCPT/OP/2/2024, the tribunal restrained the pay TV from going ahead with the impending price increase scheduled to take effect from May 1, 2024 pending the hearing and determination of the Motion on Notice.
However, Multichoice’s lawyer, Moyosore .J. Onibanjo (SAN) filed a preliminary objection.
Onibanjo urged the court to decline jurisdiction on the suit filed by Festus Onifade.
He also urged the court to strike it out because such a price dispute case had been decided before in favour of his client.
Onibanjo also tendered and adopted the previous judgement of the tribunal in suit no CCPT/OP/1/2022(Exhibit A), alongside his application.
The Power Of Price
According to him, when a court has determined an issue between the same parties on the same subject matter before, that matter cannot be re-litigated again by any tribunal or court.
He stressed that the power to regulate prices is vested in the president of Nigeria.
Onibanjo added that the Tribunal is not the forum where the claimant can come to seek to regulate the prices and services offered by Multichoice.
On his part, Onifade argued that the issue he placed before the court is whether Multichoice Nigeria gave adequate notice in respect of the May 1, 2024 price TV subscription increase, and not price regulation or increase.
“It is our submission that the 8-day notice issued by Multichoice Nigeria is insufficient in law.
A monthly subscriber should be given at least a month.
“Dismiss this application (by Multichoice) for being a waste of time of the court,” Onifade prayed.
Interim Order
He also asked the Tribunal to direct Multi-choice Nigeria Limited to pay the sum of 1bn naira or any amount the Tribunal deem may fit appropriate in this circumstance.
This is for “deliberately disobeying, contravening, and failure to comply with the Interim Order of this Honourable Tribunal granted on April 29, 2024.”
Counsel for the FCCPC, Nikiomari Abeke, told the CCPT that he was not opposing the application of Multichoice Nigeria but would abide by the direction of the tribunal regarding all the processes before it.
However, a judgement was delivered on Friday.
In that judgement, Justice Okosu quoted Section 39(2) of the FCCPC Act.
Jurisdiction
It states that the tribunal shall have jurisdiction throughout the federation and on all commercial activities aimed at making a profit.
“The jurisdiction of this tribunal extends to all business activities within Nigeria,” Okosu said.
He said he looked at relevant provisions cited by parties and did not find where an aggrieved consumer who seeks to enforce his rights is required to file a complaint to the President of Nigeria or the Price Control Board.
Also Read: Again, MultiChoice Increases DStv, GOtv Subscriptions (See New Price List)
The judge also observed that the claimant wrote letters to the FCCPC before filing his case.
“I have come to the conclusion that this tribunal has the jurisdiction to preside over consumer rights as in the instant case and I resolve this issue against Multichoice,” the judge said.
The Tribunal noted that Multichoice has already disobeyed its interim orders.
The Hike
Furthermore, it added that its action of hiking DSTV and GOTV prices is condemnable and must not be condoned by the Tribunal.
The tribunal dismissed Multichoice’s preliminary objection for disobeying its interim orders.
Subsequently, the Tribunal imposed an administrative penalty on Multichoice for failing to comply with an order of the tribunal
“The first defendant is hereby mandated to pay 150 million naira penalty.
“Multichoice is hereby ordered to give Nigerians one-month free subscription.”
