The Federal Competition and Consumer Protection Commission (FCCPC) Tribunal sitting in Abuja, on Thursday, adjourned ruling in the matter between an Abuja-based lawyer, Festus Onifade, Coalition of Nigerian Consumers and pay TV service provider, MultiChoice Nigeria, Limited, till Monday. At the hearing, MultiChoice had asked the tribunal to decline hearing the suit challenging the increase of the subscription fees for its television services on grounds of jurisdiction.
Onifade and the Coalition of Nigeria Consumers had dragged MultiChoice, the operators of DStv and GOtv platforms, to the tribunal following announcement by the company in March 2022 that the subscription rates for the various bouquets on its platforms will go up on 1 April 2022.
In the suit in which the Federal Competition and Consumer Protection Council is the second defendant, Onifade prayed the tribunal for an order restraining MultiChoice from increasing the subscription rates for its services and other products pending the hearing and determination of the motion on notice dated and filed on March 30. The claimant also asked the tribunal to make an order directing MultiChoice to adopt pay -as- you -view subscription model for its pay TV services.
The tribunal had, in its ruling on the ex-parte application on 30 March, directed the parties to maintain status quo pending the determination of the whole suit. At the resumed hearing of the suit on Thursday, Jamiu Agoro, counsel to the pay television service provider, argued that the tribunal cannot hear the suit because by Section 47 of its Act, it can only listen to appeals on matters that have been decided on by the FCCPC.
Agoro argued that if the claimant felt aggrieved by the decision of the MultiChoice , he should have approached the FCCPC with his grievance. He added that it is after the commission has ruled on the matter that he can approach the tribunal if he was not satisfied with the ruling.