The Competition and Consumer Protection Tribunal (CCPT) has dismissed the case challenging the subscription price hike by MultiChoice Nigeria, the operator of DStv and GOtv.
The interim order was issued by a three-member tribunal led by Thomas Okosu following an oral application by Festus Onifade, the claimant, to withdraw his case against MultiChoice.
The case began when the tribunal, on April 29, halted MultiChoice’s plans to increase tariffs and the cost of products and services, scheduled to start on May 1. MultiChoice Nigeria responded by announcing its intention to appeal the CCPT’s ruling and was subsequently fined N150 million for contesting the court’s jurisdiction.
During the ruling on Monday, Moyosore Onibanjo, representing MultiChoice, requested the tribunal to adjourn the matter until the court of appeal had ruled on their applications. Onibanjo argued that the law requires a tribunal to defer to a higher court’s decision if an application is pending.
Festus Onifade, however, contended that the issue of indefinite adjournment had already been settled by the tribunal and could not be revisited by MultiChoice. He emphasized that a stay of proceedings must first be sought in the court that granted the initial decision. Only after a refusal can the applicant approach a higher court, which must then make a clear ruling before lower court proceedings can be stayed.
I.O. Alaba, counsel for the Federal Competition & Consumer Protection Commission (FCCPC), urged the tribunal to use its discretion wisely based on the arguments from both parties.
Ruling on the matter, Okosu acknowledged MultiChoice’s right to appeal but stressed the need for proper procedures. He noted that MultiChoice’s legal team failed to demonstrate special circumstances preventing them from seeking the tribunal’s permission to suspend proceedings.
The tribunal concluded that without such a stay, there was no basis to halt the proceedings and thus decided to move forward with the case. Okosu also stated that he could not contravene the tribunal’s own rule on vacation.
Granting the claimant’s oral application to withdraw the suit, the tribunal ruled without awarding any costs and adjourned the case to November.
