Multichoice Nigeria has formally challenged the recent ruling by the Competition and Consumer Protection Tribunal (CCPT), which imposed a fine of N150 million and mandated a “free monthly subscription order” against the company. The appeal, filed with the Court of Appeal in Abuja, underscores several key arguments urging the appellate court to overturn the CCPT’s decision.
In its notice of appeal, Multichoice contends that the CCPT “erred in law” in its handling of the case. The appeal, comprising eight grounds, asserts that the Tribunal made legal errors in its judgment. Multichoice’s primary grievances are centered around procedural fairness and the Tribunal’s alleged misapplication of legal principles.
Firstly, Multichoice argues that it was deprived of a fair hearing. The company asserts that the Tribunal imposed the substantial fine without affording its legal team the opportunity to adequately present its case regarding the price adjustments that sparked the dispute.
Secondly, Multichoice objects to the Tribunal’s jurisdiction over the matter, claiming that it should not have adjudicated on a complaint that had not been formally addressed by the Federal Competition & Consumer Protection Council (FCCPC). The company cites precedent where similar issues were already decided, arguing that the Tribunal’s intervention violated established legal procedures.
Furthermore, Multichoice disputes the severity of the penalties imposed, particularly the N150 million fine and the requirement to provide a free month of subscription. The company asserts that these measures were not requested by the complainant and were applied without sufficient consultation or consideration of its subscribers’ perspectives.
Critically, Multichoice contends that the Tribunal’s decision was unduly influenced by personal factors unrelated to the legal merits of the case. It alleges that the Tribunal hastily imposed sanctions based on extraneous considerations, rather than a thorough examination of the relevant legal and regulatory frameworks.
Moreover, Multichoice maintains that the Tribunal failed to properly address pending applications related to its pricing policies before issuing its final judgment. The company argues that such procedural oversights undermine the fairness and legitimacy of the Tribunal’s actions.
Additionally, Multichoice reaffirms its position that regulatory matters pertaining to pricing policies should not fall under the purview of a tribunal, emphasizing that such decisions should be within the exclusive domain of regulatory bodies like the National Broadcasting Commission (NBC).
Finally, Multichoice clarifies that it has not disregarded any Tribunal orders but rather exercised its legal right to challenge the jurisdiction and procedural fairness of the Tribunal’s rulings. The company seeks the Court of Appeal’s intervention to set aside the CCPT’s judgment and orders issued on June 7, 2024.
In response to Multichoice’s appeal, the CCPT has indicated its intention to review the company’s arguments thoroughly, acknowledging the potential involvement of regulatory bodies such as the NBC in addressing the underlying regulatory issues.
Multichoice’s appeal highlights a complex legal dispute involving regulatory oversight, procedural fairness, and the appropriate application of penalties. As the case moves forward to the Court of Appeal, the outcome will likely hinge on the court’s interpretation of these critical issues and their implications for both Multichoice and regulatory governance in Nigeria’s telecommunications sector.
