By Kenny Folowosele, Abuja
A legal practitioner, Festus Onifade, yesterday, commenced contempt proceedings against Mr Mohammed Sani.
Sanni, the Manager of Abuja office of Multi-Choice Nigeria Ltd allegedly disobeyed an earlier order made by the Competition and Consumer Protection Tribunal (CCPT).
The CCPT presided over by Saratu Shafii had, on April 29, made an interim order, restraining the pay-TV firm from increasing DStv and Gotv tariffs scheduled to begin on May 1, pending the hearing and determination of the substantive suit.
The order was given by the three-member tribunal following an ex-parte motion moved by Ejiro Awaritoma, counsel for the claimant, Onifade.
Onifade, the claimant and a subscriber, had sued MultiChoice and Federal Competition and Consumer Protection Commission (FCCPC) as 1st and 2nd defendants.
But despite the order, the company, on May 1, hiked the subscription rates for its DStv and GOtv packages.
Meanwhile, a Notice of Consequence of Disobedience to Order of Court (Form 48) marked: CCPT/OP/02/2024 dated and filed on May 7, warned Sani against disregarding the tribunal order.
It reads: “Take notice that unless you obey the under listed order of the Competition and Consumer Protection Tribunal, Abuja given on the 29th day of April, 2024; thus:
“An order restraining the 1st defendant/respondent either by itself, agents, representatives, officers or privies, however 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.
“You will be guilty of contempt of this tribunal and will be committed to prison.”
Also, in a motion on notice dated and filed May 7, Onifade sought an order of the tribunal, directing MultiChoice to pay the sum of N1 billion “or any amount the tribunal deem may fit appropriate in this circumstance for deliberately disobeying, contravening, and failure to comply with the interim order” granted on April 29.
At yesterday proceedings, Onifade told the tribunal that the matter was slated for hearing of his motion on notice.
But countering, counsel for the 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.
Onigbanjo argued further that he also filed a memorandum of conditional appearance on the same date.
He said where the jurisdiction of the court is challenged, the issue had to be decided before proceeding on other matters.
Onigbanjo, who sought an adjournment to enable him respond to fresh processes served on him by Onifade, however, insisted that where the issue of jurisdiction is raised, such must be addressed first.
Lawyer to the FCCPC (2nd defendant), M. Adeke, admitted that he had been served with the processes in the matter, asking for an adjournment to enable the commission respond to all the applications served on it.
None of the parties raised objection over the bail application.
Thomas Okosun, the tribunal head, has subsequently adjourned the matter till May 16 for hearing.
