An Abuja-based lawyer, Festus Onifade, who dragged MultiChoice before the Competition and Consumer Protection Tribunal, Abuja, has commenced contempt proceedings against the Pay-TV company.
Onifade instituted contempt charges against the Manager of Abuja office of MultiChoice Nigeria Ltd, Mr Mohammed Sani, over alleged disobedience to court order.
In a Notice of Consequence of Disobedience to Order of Court, Form 48, marked CCPT/OP/02/2024 and filed on May 7, Sani accused the MultiChoice MD of spunning the tribunal order restraining the firm from hiking its tariffs.
Take notice that unless you obey the underlisted order of the Competition and Consumer Protection Tribunal, Abuja, given on the 29th day of April, 2024, you will be guilty of contempt of this tribunal and will be committed to prison,” the Form 48 read.
According to the lawyer, the said April 29 order restrained “the 1st defendant/respondent either by itself, agents, representatives, officers or privies, howsoever described from carrying out the impending increase in tariffs and cost of its products and services intended to take effect from 1st May, 2024, until the hearing and determination of the motion on notice already filed before this tribunal.”
The lawyer said despite the order which was validly served on MultiChoice on April 29, the firm deliberately neglected the order and wilfully increased the tariffs of its products and services on May 1.
He alleged that the company had a history of disobeying court/tribunal orders.
iIn the affidavit attached to the application, Onifade detailed how the company had been disobedient to court orders.
He contended that despite the service and receipt of the order, the company, flagrantly and wilfully disobeyed the order and went ahead without recourse to the plight of customers and increased the tariffs of its services and products on May 1.
Onifade said the firm filed a motion before the tribunal dated April 29 but filed April 30, claiming that the matter before the court is res judicata and completed act.
According to him, the non-compliance with the order of the tribunal granted on the 29th April 2024 is deliberate and an affront to the jurisdiction of this tribunal and has brought untold hardship to the claimant.
When the matter was called on Tuesday, Onifade told the tribunal that the matter was slated for hearing of his motion on notice.
However, counsel for MultiChoice, Moyosore Onigbanjo (SAN), said he filed an application on April 30 challenging the jurisdiction of the tribunal to make the order it made on April 29.
Besides, the senior lawyer said he also filed a memorandum of conditional appearance on same date.
He argued that where the jurisdcition of the court was challenged, the issue had to be decided before proceeding on other matters.
Lawyer to the FCCPC (2nd defendant), M. Adeke, said though he had been served with the processes in the matter, he wanted an adjournment to enable the commission to respond to all the applications served on it.
Onigbanjo equally sought an adjournment to enable him to respond to fresh processes served on him by Onifade.
Onifade did not oppose the application for adjournment and the tribunal, presided over by Thomas Okosun, adjourned the matter until May 16 for hearing.
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