Tariff increase: lawyer and group disagree with multiple choice on the jurisdiction of the court
A lawyer, Festus Onifade, is at odds with MultiChoice Nigeria Limited, the operator of DStv and Gotv, over the firm’s motion challenging the court’s jurisdiction in an action brought against him.
Onifade and the Coalition of Nigeria Consumers (CNC), in a counter affidavit filed before a Federal Competition and Consumer Protection Tribunal (FCCPC) sitting in Abuja, described MultiChoice’s prayers as “incongruous”.
Tide’s source reports that while Onifade and CNC are the 1st and 2nd plaintiffs, MultiChoice and the Federal Competition and Consumer Protection Commission (FCCCPC) are the 1st and 2nd defendants, respectively.
The company, in a notice motion dated April 13 and filed April 14 by Toyin Pinheiro, SAN, asked the three-member tribunal headed by Thomas Okosun for an order staying enforcement of the order it made on April 11 pending the determination of the moment. application.
He also sought an order rescinding and rescinding the order made by the court on April 11, having been made without jurisdiction.
MultiChoice, which gave five reasons why its request should be considered, said the request was made under section 39(1) and (2) and section 47 of the federal competition law. and Consumer Protection (FCCP) 2018, and under the inherent jurisdiction of the court.
The company said it filed a claim on March 31 challenging the court’s jurisdiction and that while the claim was
pending and yet to be determined, “this honorable court issued an order on April 11, directing the plaintiff to maintain the status quo ante bellum, which in effect orders the plaintiff to comply with the Tribunal’s order of March 30.”
But in the counter-affidavit, bearing the words: CCPT/OP/1/2022, dated and filed on April 26 by Onifade and the CNC and filed by the lawyer, the plaintiffs argued that the prayers contained in the petition filed by the firm were similar to the one it filed earlier on March 31, “and be aware that the two prayers are incongruous.”