Multichoice request to stay trial fails as case finally gets withdrawn
The competition and consumer protection tribunal (CCPT), on Monday, rejected the request of Mr. Moyosore Onigbanjo, counsel to pay-TV company MultiChoice, to stay the trial.
Onigbanjo informed the tribunal he had filed an appeal against its earlier order stopping MultiChoice from hiking its prices. But, in a counter argument, Mr. Festus Onifade, who instigated the suit against the company, said Mr. Onigbanjo could not just arrest the tribunal proceedings without filing necessary applications for the purpose.
“It is only upon the refusal of that stay that the applicant can approach a higher court. Even where an applicant approaches a higher court, that higher court must make a positive pronouncement before the proceedings of a lower court can be stayed,” Onifade said.
Mr. Thomas Okosu, who leads the three-man tribubal, agreed with Onifade, stating Onigbanjo had failed to present evidence of his appeal before the tribunal.
“Whereas we agree that MultiChoice has the right to appeal on a matter before this tribunal, the proper procedures must be followed,” Okosu said.
“We have reviewed the positions of Order 6, Rule 4 of the court of appeal rules, and did not see or find any circumstances that prevented MultiChoice from filing a stay of proceedings and execution before this tribunal.
“In the circumstances, this tribunal has nothing to stay and will therefore proceed to hear and determine this matter.”
At the same time, Onifade informed the tribunal of his willingness to withdraw the suit. Responding to that Mr. Okosu said, “The oral application of the claimant to withdraw this suit is hereby granted. No cost is awarded,” before adjourning the case to November.
