Multichoice Nigeria has said it has plans to appeal the recent ruling by the Competition and Consumer Protection Tribunal (CCPT), which fined the company N150 million for challenging the tribunal’s jurisdiction. The tribunal also ordered Multichoice to provide Nigerians with a one-month free subscription on DStv and GOtv.
The ruling stems from a suit filed by Festus Onifade, who argued that the 8-day notice given by Multichoice for a subscription price hike was insufficient. The tribunal previously restrained Multichoice from increasing subscription fees without adequate notice.
Reacting to the ruling, Multichoice Nigeria expressed disagreement and announced its intention to appeal.
Onifade sued Multichoice Nigeria Ltd and the Federal Competition and Consumer Protection Commission (FCCPC), accusing the pay-TV company of unjustly increasing subscription fees without a one-month notice and leveraging this to seek interim orders against Pay TV.
The tribunal, chaired by Saratu Shafii, initially ruled in favor of Onifade by restraining Multichoice from implementing the price increase scheduled for May 1, 2024, pending the hearing and determination of the Motion on Notice.
Multichoice’s lawyer, Moyosore Onibanjo, SAN, filed a preliminary objection, urging the court to decline jurisdiction on the suit, arguing that a similar case had been decided previously in favor of Multichoice. Onibanjo presented the previous judgement of the tribunal as evidence.
However, the three-man panel, chaired by Justice Thomas Okosu, held that Section 39(2) of the FCCPC Act grants the tribunal jurisdiction over all commercial activities in Nigeria aimed at making a profit. Okosu stated, “The jurisdiction of this tribunal extends to all business activities within Nigeria.”
The tribunal determined that the claimant’s suit is not about questioning the price hike but the legality of Multichoice’s 8-day notice to customers, ruling that the tribunal has jurisdiction to preside over consumer rights issues like this one.
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