In his motion on notice seen by Nairametrics, Onibanjo argued that while Onifade is seeking to regulate prices of the services provided by Multichoice, the Tribunal, not being the President of the Federal Republic of Nigeria lacks the jurisdiction to regulate prices of goods and services under the FCCPA 2018.
The senior lawyer maintained that the planned increase announced by Multichoice on 24th April 2024 is a completed act because all its systems have been so configured.
“An order staying the execution and enforcement of the instant interim orders of this honorable tribunal granted on 29th, April, 2024,” Onibanjo prayed in his motion.
He had sought interim orders against the Pay TV.
Last Monday, a three-member tribunal chaired by Saratu Shafii, ruled in favor of Onifade by restraining Multichoice in the interim, in the suit marked CCPT/OP/2/2024.
The court held that “the 1st Defendant(Multichoice) is hereby restrained, whether by themselves, her privies, assigns by whatsoever name called, from going ahead with impending price increase schedule to take effect from 1st May 2024 pending the hearing and determination of the Motion on Notice already filed before this Honourable Tribunal.”
On his part, Onifade filed a counter affidavit maintaining that the present matter does not seek to regulate prices of goods and services of Multichoice as claimed.
“The matter FESTUS SANMI ONIFADE & 1 ORS VS. MULTI- CHOICE NIGERIA LIMITED & 1 ORS previously decided by this honourable Tribunal and the present suit are not the-same both in parties and subject-matter,” he added.
Via his fresh motion seen by Nairametrics, he asked the Tribunal to direct Multi-choice Nigeria Limited to pay the sum of N1,000,000,000.00 (One Billion Naira only) or any amount the Tribunal deem may fit appropriate in this circumstance for “deliberately disobeying, contravening, and failure to comply with the Interim Order of this Honourable Tribunal granted on the 29th April 2024.”
Moreover, before the Tribunal, Onifade filed Form 48- a notice which seeks to commit a party to prison for alleged disobedience to court orders.
The notice was filed against Mohammed Sageer Sani, the Abuja manager of Multi-Choice Nigeria Limited, adding, “You will be guilty of contempt of this Tribunal and will be committed to prison.”
At the resumed sitting, Onibanjo urged the court to determine his motion challenging the jurisdiction of the tribunal to make the orders it made and to entertain the claimant’s suit.
On the part of N. Adeke, counsel for the FCCPC, he acknowledged receiving the motion on notice filed by the claimant as well as the memorandum of conditional appearance and motion of Multichoice.
“The commission intends to respond to the motion on notice filed by the defendant.
“We ask for a short date to respond to the motion,” Adeke prayed.
On the calls for an adjournment, Onifade said he is not opposed to an adjournment, however, he will be asking the matter be adjourned for full-blown hearing.
More Insights
Multichoice announced new price adjustments on DStv and GOtv packages on Wednesday, April 24, 2024.
The email message to subscribers read, “On Wednesday, 1 May 2024 we will adjust our prices across all our packages on OStv and GOtv. We understand the impact this change may have on you – our valued customer, but the rise in the cost of business operations, has led us to make this difficult decision. It remains our mission to provide the best entertainment and viewing experience to you and are committed to continue to deliver high-quality content and unparalleled service.”
Nairametrics previously reported that the development had resulted in a 25% to 26% increase across Multichoice packages.
But amid the subsisting ruling, the popular Pay TV provider proceeded with the upward adjustment of its prices for DStv and GOtv subscribers,
On the part of the commission, it said it would review the reasons identified by Multichoice, noting that the agency could involve regulatory bodies such as the National Broadcasting Commission (NBC) and the Nigerian Communications Commission (NCC) in the process.