News

Tribunal quashes DStv, GOtv price hike case

Published

3 months ago

July 31, 2024

Admin

The Competition and Consumer Protection Tribunal (CCPT) has struck out a subscription price hike case instituted against MultiChoice Nigeria.

A three-member tribunal struck out the suit following a request by the claimant, Festus Onifade, to withdraw his case against MultiChoice.

Onifade who made an oral application for the withdrawal said he no longer intends to proceed with the matter.

He also expressed the view that MultiChoice would leverage the period of the court’s annual vacation to argue its appeal at the Court of Appeal and frustrate his case.

“I am abandoning this matter. I am withdrawing this case,” he said while explaining that he had filed the suit to challenge the alleged oppressive attitude of multinationals toward Nigerian consumers.

Counsel to MultiChoice, Senior Advocate of Nigeria, Moyosore Onigbanjo stated that he had no objection to the claimant’s request to withdraw.

Counsel for the Federal Competition and Consumer Protection Commission (FCCPC) also had no objections.

The tribunal granted Onifade’s Request.

“The oral application of the claimant to withdraw this suit is hereby granted. No cost is awarded,” the tribunal ruled.

On April 29, the tribunal stopped MultiChoice from increasing its tariffs, and subscription rates pending the hearing and determination of a motion on notice filed by Onifade.

A three-member tribunal had ruled in favour of Onifade by temporarily restraining MultiChoice from implementing the impending price increase scheduled to take effect on May 1, 2024,

But MultiChoice had appealed the decision and filed for a stay of proceedings.

Onigbanjo said MultiChoice had filed a preliminary objection urging the court to decline jurisdiction over the suit filed by Festus Onifade and to strike it out, arguing that a similar price dispute case had previously been decided in favour of his client.

Onifade argued that the issue before the court was whether MultiChoice Nigeria provided adequate notice regarding the May 1, 2024, TV subscription price increase, not about price regulation or increase.

In its ruling, the three-member panel chaired by Thomas Okosu dismissed MultiChoice’s preliminary objection for disobeying its interim orders and subsequently imposed a 150 million naira administrative penalty on MultiChoice, along with a one-month subscription order against the Pay TV provider.

MultiChoice has subsequently filed an appeal against the ruling, arguing that the tribunal erred in its decision.

The company also filed counter-affidavits dated July 12, 2024, providing reasons for its price hike and requesting that the tribunal dismiss the case.

In its affidavits, deposed to by Damilola Olatunji, MultiChoice explained that to mitigate the impact of the weakening exchange rate in Nigeria, it was constrained to increase its subscription prices, though it did so to the least affordable extent possible.

The company insisted that it duly notified its customers and regulatory authorities before the increment was effected.

It was stated that the defendant had already filed a notice of appeal dated June 7, 2024, and an application for a stay of execution of the tribunal’s orders made on June 7, 2024, along with a request for all further proceedings before the tribunal to be stayed pending the determination of the appeal.

Onifade urged the court to determine his case in the interest of justice.

At the resumed hearing on Monday, Onigbanjo asked the tribunal to adjourn the matter until the Court of Appeal decided on his applications.

He explained that the law dictates that when a tribunal is aware that an application is before the Court of Appeal, it must allow the Court of Appeal to decide.

On his part, Onifade said the issue of indefinite adjournment had been decided by the tribunal and could not be reopened by MultiChoice.

He said the stay of proceedings in his case must first be filed in the court where the decision was granted.

“It is only upon the refusal of that stay that the applicant can approach a higher court,” Onifade added.

“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.”

Counsel to the Federal Competition & Consumer Protection Commission (FCCPC), I.O. Alaba asked the tribunal to exercise its wisdom and discretion based on the arguments of both parties.

Ruling on the applications, Okosu said while MultiChoice has the right to appeal, “proper procedures must be followed by MultiChoice”.

He said MultiChoice’s legal team had not shown the special circumstances that restrained it from seeking the tribunal’s leave to suspend its proceedings.

“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.”

Okosu subsequently moved to adjourn the matter till November after the court’s vacation.

He said he could not disobey the tribunal’s own rule on vacation.

It was at this point that Onifade stated that he no longer intended to proceed with the matter, insisting that MultiChoice would leverage the vacation to argue its appeal at the Court of Appeal and frustrate his case.

The tribunal subsequently struck it out.

“The oral application of the claimant to withdraw this suit is hereby granted. No cost is awarded,” the tribunal ruled.

News

Change Negative Narrative About EFCC Being Used For Settling Political Scores- Reps

Published

4 hours ago

November 12, 2024

Austin Ojomah

………Ask Anti Graft Agency To Fight Financial Crimes Within Established Laws

.
……My Staff Are Poorly Paid, EFCC

…., States Why Fight Against Yahoo Boys Fierce

The House of Representatives has tasked the Economic and Financial Crimes Commission, EFCC, to purge itself from the negative impression that its being used to settle political scores and concentrate fighting financial and economic crimes within established laws.

The House handed the advise on Tuesday through the Chairman House Committee on Financial Crimes Honorable Ginger Onwusibe who led members of the committee on the 2024 oversight exercise on the commission.

The oversight covered extensive facility tour of departments and critical operational units of the antigraft agency.

In his terse remarks, Hon. Onwusibe challenged the agency to improve its operational activities in combating economic and financial crimes by complying with its 2004 Establishment Act and other relevant applicable laws like the Money Laundering ( Prevention and Prohibition) Act 2022: Terrorism ( Prevention and Prohibition) Act 2022: The Proceeds of Crime Act. 2022, as well as other statutes, that compels it to carry out these roles transparently with accountability and show that the negative maxim being peddled in some quarters that the agency is often being used for settling political scores is incorrect .

The committee assured that it will collaborate with the commission to actualize its mandate by enacting new laws or amending old ones and as well providing budgetary interventions, if it must strive tirelessly to be on top of its challenges

The House urged the agency to collaborate with sister agencies and desist from keeping suspects as- awaiting ‘trial in correctional centres nationwide

“At this point let me add that a recent visit to the Maximun and Minimun Correctional centres in Kirikiri Lagos State, numerous suspects have been awaiting trial for over one year and yet we are all acquainted with the saying that justice delayed is justice denied”

” It is on this note that we call on the EFCC, Attorney General of the Federation and the Judiciary to improve and ensure the administration of justice works and is efficiently delivered to the victims”

The House warned the agency to purge itself of rotten eggs in order to fight economic and financial crimes frontally, thereby stimulating the Nigerian economy

It also urged EFCC to focus properly on its mandate.

” The issue of appropriate and proper focusing on the mandate of the EFCC must relentlessly be on the front burner:

“Orders from competent courts , arrest and debt recovery must be pursued religiously” the House cautioned

But on its side, the antigraft agency said it has not deviated from its focus but rather working hard and fighting financial and economic crimes as enunciated in its mandate.

Chairman of the agency , Ola Olukeyede told his guest in his remarks during the oversight visit that the commission was doing much to fight financial and economic crimes and stimulate the Nigerian economy

He said so far that the agency has recovered over N250bn cash, tens of million of Dollars and other foreign currencies, with over 3000 convictions: 17000 petitions while also investigating over 20000,with about 4000 fresh cases , all being handled by a misery number of staff strenght

He noted that its priority is to improve the country’s image and stimulate its economy, such that there could be improvement in foregin direct investments and stimulation of the local economy.
Olukeyede however, argued that the agency needed more staff strenght, funding , better renumeration for staff because they were poorly paid. He also emphasised on modern day technology to fight the ever dynamic cyber criminals

According to the EFCC boss, it was important to give more salary to EFCC staff and deploy modern technology to fight emerging cyber crime dynamism . He expalined that the agency has increased efforts to fight Yahoo, yahhoo, boys because of their ability to crumble any economy within a twinkle of an eye

According to him, the agency was expanding its drag net to focus on ministries, departments and agencies infrastructural projects. ” “Go to MDAs and see their budget implementstion. It is not up to 20%”

“We want to ensure 50% infrastructural development” the anti graft boss announced, insisting that it would henceforth encourage monitoring of project implementation which was an aspect of preventing financial crimes

He said the agency has dismissed lots of erring staff, and will continue to dismiss and even prosecute them going forward.

Olukeyede disclosed that it had designed a template on staff integrity, using the Gift- Policy model

.” It is not every thankful gift we should collect” the EFCC boss warned

” I am advocating for more welfare improvement, better welfare, he said.

“We will do more recoveries, more convictions, but we need more resources to do our work, maintaining that, that was his stand on ethics and integrity .

Olokeyede’s demand for more salary wage for staff of the commission, is seen as an incentive to boost welfare and morale to fight financial crimes to standstill.

He stated that there was the utmost need to increase salaries of staff of the commission

The EFCC boss who spoke on his stewardship in the last one year, further added that it increased the war against Yahoo- Yahoo boys because of the consequences of their nefarious acts which could crumble a nation’s economy in a jiffy.

He argued that more technology was required to fight financial crimes.

For instance he explained that it was a common scenario then for thieves and armed robbers to attack and break into banks with guns and Dynamites

” But it is the same common and more easier scenario and task now to have Yahoo-Yahoo boys and bank thieves attack banks with technology in the comfort of their homes or hideouts”

“So we need technology and we also need to increase our fight against these Yahoo boys who can dismantle any economy within a twinkle of an eye

He called on the national Assembly to improve and increase its finances because fighting Financial crimes was a herculean task that requires adequate funding

Olokeyede who apparently was responding to criticisms of the commission’s over concentration on Cyber crimes/ thieves, perpetrated by Yahoo boys, said he has made tremendous impact in enforcement, investigation and conviction with an outstanding record convictions between October 2023 when he was appointed till date

News

Trouble looming for Obaseki as Gov Okpebholo orders probe of his admin

Published

6 hours ago

November 12, 2024

Kayode Sanni-Arewa

By Kayode Sanni-Arewa

Governor Monday Okpebholo of Edo State has ordered the setting up of a committee to probe the immediate-past administration of Godwin Obaseki for its failure to inaugurate 14 Edo Assembly lawmakers-elect into the 7th Assembly.

Okpebholo disclosed this while giving his inaugural speech as the new governor of the state.

Governor Okpebholo also ordered the State Chief Judge to immediately investigate the initial delay of former Governor Obaseki to inaugurate duly-cleared judges by the National Judicial Council (NJC) last year

News

Naira may depreciate to N1,993 against dollar – Report

Published

6 hours ago

November 12, 2024

Kayode Sanni-Arewa

By Kayode Sanni-Arewa

Nigeria’s naira has been projected to depreciate further to N1,993 per dollar in the coming days.

This is according to BMI, a Fitch Solutions subsidiary report title, ‘Weak Naira and Structural Challenges to Constrain Nigeria’s Medical Devices Market Growth’.

The report said the forecasted depreciation will be predicated on the 95 percent dependence on imports for pharmaceuticals in Nigeria.

According to the report, the development would erode both the health system and patient purchasing power.

“We expect that the naira will end 2028 at N1,993/$ from N306/$ in 2018.

“As the naira weakens, the cost of importing medical devices will continually increase, eroding both the health system and patient purchasing power, especially to invest in essential medical technologies given the underfunding of the public health sector,” the report stated.

This comes as Naira fell to N1681.42 and N1735 at the official and parallel foreign exchange markets on Monday.

This comes as FMDQ FX transaction turnover dropped significantly from $1.4 billion on Friday to $471.5 million on Monday.

Last Thursday, the Governor of the Central Bank of Nigeria, Olayemi Cardoso, said the country’s external reserves rose to $40 billion.

Despite Central Bank of Nigeria’s interventions and external reserves rise in the last months, the naira has continued to experience fluctuations in the FX market.