MultiChoice Nigeria, a leading Pay-TV operator, has appealed against the Competition and Consumer Protection Tribunal’s decision that imposed a N150 million fine and ordered a free monthly subscription. This follows MultiChoice’s preliminary objection, which challenged the tribunal’s jurisdiction, among other issues.

According to sources familiar with the matter, a notice of appeal has been filed against the tribunal’s recent ruling. The tribunal had previously restrained MultiChoice from increasing its subscription rates pending the resolution of a motion filed by Barrister Festus Onifade.

Onifade had sued MultiChoice Nigeria Ltd and the Federal Competition and Consumer Protection Commission (FCCPC), accusing the Pay-TV company of increasing subscription fees without providing a one-month notice to customers. He sought interim orders to prevent the price hike. A three-member tribunal, chaired by Saratu Shafii, ruled in favor of Onifade, restraining MultiChoice from proceeding with the price increase scheduled for May 1, 2024, until the motion on notice was heard and decided.

MultiChoice’s lawyer, Moyosore J. Onibanjo (SAN), filed a preliminary objection, arguing that the court should dismiss the suit due to a previous ruling in favor of MultiChoice on a similar price dispute. Onifade countered that the issue at hand was whether MultiChoice provided adequate notice for the May 1, 2024, subscription increase, not the legality of the price hike itself.

The tribunal, led by Justice Thomas Okosu, ruled that Section 39(2) of the FCCPC Act grants it jurisdiction over all profit-oriented commercial activities nationwide. The tribunal found that Onifade’s case was about the legality of MultiChoice’s 8-day notice to customers, not the price hike itself. Consequently, the tribunal dismissed MultiChoice’s preliminary objection, imposed a N150 million penalty, and ordered a one-month free subscription for customers.