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.
Cable
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