MultiChoice objects to reduction in DStv subscription

A Federal High Court in Lagos has
fixed May 21, 2015 to rule on an
application filed in objection to the
suit seeking to restrain Multichoice
Nigeria Limited from increasing
subscription fees on the Digital
Satellite television being operated
by it.
Two Lagos-based legal
practitioners, Osasuyi Adebayo and
Oluyinka Oyeniji, had filed the class
action on behalf of themselves and
all other DStv subscribers across
the country.
The plaintiffs were seeking an
order of the court restraining
MultiChoice from implementing the
20 per cent increment on DStv
subscription rate which began on
April 1, 2015.
They also want the court to compel
the National Broadcasting
Commission to regulate the
activities of MultiChoice so as to
prevent what they described as
arbitrary increment in subscription
rates.
They specifically want an
implementation of the pay-per-
view scheme in Nigeria, whereby
subscribers would only pay for
programmes they watched, as is
being done in other parts of the
world where MultiChoice operates.
But MultiChoice, through its lawyer,
Mr. Moyosore Onigbanjo (SAN), filed
a preliminary objection, urging the
court to decline jurisdiction and
discountenance the reliefs being
sought by the plaintiffs.
Canvassing argument at the
Tuesday’s proceeding, Onigbanjo
maintained that the plaintiffs had
no cause of action, adding that a
court did not have the power to
regulate the price of services that a
business was offering to its
customers.
He pointed the attention of the
court to MultiChoice’s conditions or
terms of agreement, especially
clauses 40 and 41 stating that
“Multichoice Nigeria may, from
time to time, change the fees
payable to Multichoice Nigeria for
the Multichoice Service by way of
general amendment.”
Onigbanjo said, “My Lord, the
country, Nigeria operates a free
market economy; neither the
government nor the court can
regulate prices. How do you now
say, for instance, that one bread is
more expensive than the other and
then ask the court to order the
baker of the more expensive bread
to go out of the market?”
Onigbanjo argued further that
there was no existing law in
Nigeria empowering the NBC to
regulate the prices of services that
satellite television operators in the
country were offering to their
customers.
“The NBC Act does not say that any
satellite television operators in the
country cannot increase their
prices.
“I therefore humbly ask that the
plaintiffs’ suit be struck out for
being grossly unmeritorious. We
will not be asking for cost because
they are our subscribers,”
Onigbanjo submitted.
Justice C.J. Aneke adjourned till May
21 to rule on the objection.
Earlier at the proceeding, counsel
for the plaintiffs, Yemi Salma, had
reminded the court that there was
a pending application for committal
filed against the Managing Director
and the Public Relations Officer of
Multichoice, Mr. John Ugbe and
Caroline Oghuma respectively.
Salma said the said committal
application asking the court to jail
Ugbe and Oghuma for allegedly
disobeying an order of the court
should be taken first before any
other thing on Tuesday.
Aneke had on April 2, 2015 made an
interim order restraining
MultiChoice from implementing the
20 per cent increment in
subscription rate on DStv, pending
the determination of the suit; but
the plaintiffs alleged that the order
was shunned.
“My Lord, the application for
contempt must be taken first. My
Lord, this position has been
severally adopted by the court,
even by the Court of Appeal,” Salma
said.
But in opposition, Onigbanjo said
the jurisdiction of the court had
been challenged and that that had
to be settled first before the court
could even make any order.
Besides, he reminded the court
that the matter was specifically
adjourned for the hearing of his
client’s preliminary objection,
arguing that the court did not have
the power to overrule itself.
He argued, “My Lord, a court
without jurisdiction that goes on to
act, does whatever it does in
futility. If a court does not have
jurisdiction, where does the power
for committal come from?”
Aneke upheld Onigbanjo’s
submission and therefore heard
MultiChoice’s premilinary objection
ahead of the application for
committal.

look at dis stellars

hmmm.. their prices are quite high for sure.

Will continue to use dogs

Pay per view....sikena

Sikena paaa

shukman2000 wrote:

look at dis stellars

Lol

They hold their side na.....no be by force

Are u serious?

Hmmm...

U really no it

Thieves

hahaha,

Dey want to frustrate Nigeria's the more

They can not bro, we are wise

eddyvic wrote:

They can not bro, we are wise

i pray so

No be by force to use dstv

True ooo

xedyl wrote:

No be by force to use dstv

Nah so

DSTV shah

dstv are thieves they knew the pay per view will reduce there income useless country with useless leaders taking all our beloved right

tundew84 wrote:

dstv are thieves they knew the pay per view will reduce there income useless country with useless leaders taking all our beloved right

Trul talk

Hmmm, is not easy ooo...