Tag: #ChangeIsHere

A Federal High Court in Lagos on Thursday struck out a suit filed against Multi-Choice Nigeria Limited and the Nigerian Broadcasting Commission (NBC) over the 20 percent increment in DSTV fees by aggrieved subscribers.
Two lawyers, Osasuyi Adebayo and Oluyinka Oyeniji, had filed the class action on behalf of themselves and other DStv subscribers across the country, seeking a restraining order against Multi-Choice from implementing the new charges it commenced on April 1.
Although the trial judge, Justice Chukwujeku Aneke had issued an interim order stopping the Satellite firm from implementing the new rate,  pending the determination of the suit, Multi-Choice did not obey that order.
The company in its preliminary objection to the suit had argued that Nigeria operates a free market economy, adding that the suit contradicted the mandatory provisions of Sections 97 and 98 of the Sherrifs and Civil Processes Act, which stipulate that a writ to be served outside jurisdiction must be concurrently issued.
Although it was argued that the NBC was not served in compliance with the rules, the plantiffs through their lawyer, Yemi Salma, had urged the court to discountenance such argument, as Section 19 of the Federal High Court Act, clearly defined the jurisdiction of the court to be one within Nigeria.
The plaintiffs had sought an order of the court compelling the NBC to regulate the activities of Multi-Choice so as to prevent what they described as arbitrary increment in subscription rates.
They prayed the court to impress it on NBC to be alive to its statutory responsibility by ensuring that Multi-Choice is compelled to implement  the  pay-per-view scheme in Nigeria, whereby subscribers would only pay for programmes they watched, as was being done in other parts of the world where Multi-Choice operated.
But the satellite firm through its lawyer, Moyosore Onigbanjo argued that the court did not have the power to regulate the price of services that a business was offering to its customers.
The company contended that neither the government nor the court could regulate prices in Nigeria, being a country that operates a free market economy.
It averred that under its conditions or terms of agreement, especially clauses 40 and 41, it was at liberty to, from time to time, change the fees payable by subscribers for the services being offered by the company.
Delivering ruling on Thursday, Justice Aneke held that the suit amounted to an abuse of court process.
He rejected an argument by the plaintiffs that Multi-Choice deserved not to be given right of audience having failed to abide by the earlier restraining order.
Justice Aneke said the court was bound to entertain arguments from all parties before it, irrespective of the alleged violation of the court order.
According to the judge, the plaintiffs were under no obligation to continue being subscribers of Multi-Choice, just as he noted that there was no reasonable cause of action for the suit.
However, the judge was silent on an argument by the plaintiffs that the objection should be treated as a demurrer, which has been abolished from the rules of court.
Justice Aneke earlier in the proceedings, rejected an attempt by human rights lawyer, Ebun-Olu Adegboruwa to opt out of the suit.
Adegboruwa had filed an application to be joined as a co-plaintiff, but later filed an application to opt out.
Justice Aneke simply said he was persuaded by a Supreme Court decision which stated that once an objection is raised challenging jurisdiction, the court was duty bound to first determine the objection before entertaining any other application.