A Federal Competition and Consumer Protection (FCCPC) tribunal sitting in Abuja, on Monday, directed MultiChoice Nigeria Limited, operators of DStv and Gotv, to maintain status quo of its March 30 order, pending the hearing and determination of the substantive matter.
The three-member tribunal, headed by Thomas Okosun, gave the order following an oral application for adjournment moved by counsel for the firm, Jamiu Agoro, to enable him respond to counter affidavit and written address, including the contempt charge filed against his client.
The News Agency of Nigeria (NAN) reported that the claimants, Festus Onifade, a legal practitioner, and the Coalition of Nigeria Consumers, on behalf of himself and others, had sued the company and Federal Competition and Consumer Protection Commission (FCCPC) as first and second respondents respectively.
They had prayed the tribunal for an order restraining the firm from increasing its services and other products on April 1, pending the hearing and determination of the motion on notice dated and filed on March 30.
The tribunal granted the ex parte motion, directing parties to maintain status quo ante bellum. When the matter was called, Onfifade informed that the matter was slated for the hearing of the motion on notice, seeking a perpetual restraining order against the firm pending the determination of the suit.
He said he filed a counter affidavit against a motion filed by the company challenging the jurisdiction of the tribunal to hear their application.
Besides, the lawyer said they filed a written address and contempt proceedings against the Managing Director of MultiChoice, John Ugbe and its directors for them to show cause why they should not be committed to prison for alleged disregard of panel’s order made on March 30. Counsel for MultiChoice, Jamiu Agoro, acknowledged the receipt of all the processes filed by the claimants, adding that he filed an application praying the court for an order staying execution of the order made on March 30.
Okosun then told Agoro that since the tribunal is not a regular court, he would not entertain issues that could determine the subject matter.
Speaking on the jurisdiction of the court, Okosun said “this court is to first inquire whether it has the jurisdiction to determine the application or not.”
He argued that the only jurisdiction the tribunal had was to hear and determine his application challenging the jurisdiction, ciiting previous cases.
He restated that where there were several applications pending before the court, the application on jurisdiction should be taken first.
In a short ruling after hearing from the counsels, Okosun ordered that the status quo be maintained ante bellum, pending the hearing and determination of the matter
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