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Tribunal Dismisses DStv, GOtv Price Hike Case

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

Tribunal Dismisses DStv, GOtv Price Hike Case

A three-member tribunal struck out the suit following a request by Festus Onifade, the claimant, 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.

Moyosore Onigbanjo, Senior Advocate of Nigeria, counsel to MultiChoice, 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.”

I.O. Alaba, counsel to the Federal Competition & Consumer Protection Commission (FCCPC), 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.


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NELFUND Investigates 34 Universities Over Students’ Missing Tuition Refunds

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Nigerian Education Loan Fund (NELFUND) says it is investigating about 34 tertiary institutions over allegations that they failed to refund students whose tuition fees were paid twice under the Federal Government’s student loan scheme.

The Managing Director of NELFUND, Mr Akintunde Sawyerr, disclosed this during an interview on Arise Television.

Sawyerr said the agency had deployed a five-member investigative team, including operatives of the Economic and Financial Crimes Commission (EFCC) and internal auditors, to examine the allegations.

According to him, the investigation was prompted by numerous complaints received from affected students.

“As of right now, there are 34 institutions that we are looking at closely with respect to this issue,” he said.

Sawyerr explained that the double payment issue arose because President Bola Tinubu directed that the student loan scheme commence in the middle of an academic session instead of at the beginning.

He said the decision compelled many students to pay their tuition fees to meet registration deadlines while awaiting approval of their loan applications.

“What happened is that a lot of schools got double payment; some from the students and some from us,” he said.

“The refund process is entirely out of our hands. It is the recipient of the double payments that is obliged to make refunds to the students.”

The NELFUND boss noted that many students had borrowed money from family members, friends and other sources to pay their tuition with the expectation of receiving refunds once the loans were disbursed.

He said while some institutions had promptly refunded affected students, others had failed to do so.

“Some have been very good at this. Others haven’t been so good at it,” Sawyerr said.

“I reserve judgement on the intentionality around it because, for some of them, they just didn’t have the process to make refunds.”

Sawyerr disclosed that NELFUND was exploring a tokenised payment system that would enable students to authorise tuition payments directly to their institutions, thereby reducing the likelihood of duplicate payments.

He said the agency deliberately chose not to disburse tuition loans directly to students to minimise the risk of fund diversion.

“Paying the funds to the students could really lead to the temptation for them to divert and do other things,” he said.

The managing director, however, acknowledged that NELFUND lacked the statutory powers to compel institutions to refund students or prosecute officials found culpable.

He added that many frustrated students had submitted complaints not only to NELFUND but also to anti-corruption agencies, including the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Sawyerr also expressed concern over increases in tuition fees by some institutions following the introduction of the student loan scheme.

He said NELFUND had declined to pay institutions that increased their tuition fees beyond acceptable levels.

“Some schools, because they get paid easily, started to put up their fees. We refused, point blank, to pay institutions who had hiked their fees beyond a certain level,” he said.

He reaffirmed the agency’s commitment to investigating every reported irregularity and strengthening the implementation of the student loan programme through continuous monitoring and internal reviews.


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Obi, NDC Presidential Candidate Faces N50Bn Defamation Claim over Alleged Podcast Remark

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Abayomi Arabambi, national vice chairman (South-West) of the Labour Party, has demanded a public apology, a retraction, and N50 billion in damages from Peter Obi, presidential candidate of the Nigeria Democratic Congress (NDC), over an alleged defamatory statement made during a podcast interview.

Obi, NDC Presidential Candidate Faces N50Bn Defamation Claim over Alleged Podcast Remark

The demand was contained in a letter issued by the law firm Neplus Ultra Attorneys and signed by Anderson U. Asemota, Peter O. Asimegbe, and Stanley C. Eziefulle on behalf of Arabambi.

According to the letter, the legal dispute arose from comments allegedly made by Obi during the interview, where he reportedly stated that Arabambi “does not have an address.”

Arabambi’s legal team described the statement as false, malicious, and defamatory, arguing that it portrayed their client as a faceless individual without legitimacy, credibility, or standing in public life.

The lawyers further claimed that the interview was widely circulated on television stations and digital platforms, exposing Arabambi to public ridicule and damaging his reputation.

“Our client has had a known residential and business address, maintains professional and political affiliations within Nigeria, and has never been a person whose whereabouts or identity were unknown,” the letter stated.

The legal team maintained that the alleged publication caused embarrassment and harmed Arabambi’s public image and political standing.

As part of their demands, the lawyers called for an unreserved public apology to be aired on national television, published on Obi’s verified social media platforms, and carried as full-page apologies in national newspapers.

They also demanded the payment of N50 billion as compensation for the alleged injury to Arabambi’s reputation, dignity, political standing, and public image.

 


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Why We’re Partnering With NIHOTOUR To Bring Nigerians In South Africa Home – Steve Babaeko

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When Nigerians began arriving back home on emergency flights following an ultimatum from anti-migrant groups in South Africa, Steve Babaeko, alongside The Nigerian Institute of Hospitality and Tourism (NIHOTOUR), saw an opportunity to step up for his fellow citizens.

Why We’re Partnering With NIHOTOUR To Bring Nigerians In South Africa Home - Steve Babaeko

Steve Babaeko

The CEO of X3M Ideas explains that he saw a deep obligation, one that had nothing to do with advertising and everything to do with hospitality. For Babaeko, it was a reminder that an agency owes a duty of care to the community it exists within.

That conviction shaped the creative agency’s partnership with the Nigerian Institute of Hospitality and Tourism (NIHOTOUR) for the newly launched ‘Welcome Home’ pilot programme at Murtala Muhammed International Airport (MMIA) in Lagos. Rather than simply crafting a messaging campaign around the crisis, X3M Ideas helped design a tangible, physical system.

“This wasn’t built as a campaign about a crisis,” Babaeko said. “It was a hospitality agency deciding what it owes its own citizens the moment they land.”

For Babaeko, what X3M has built is infrastructure, something returnees can physically walk through, use, and benefit from the instant they clear the arrival gate.

With the MMIA pilot now officially running, NIHOTOUR directs returnees to immediate support services and issues them a Returnee Card. This card grants individuals a free first night at partner hotels, immediate transport assistance from the airport, and fast-tracked business registration support.

Furthermore, the initiative features a dedicated Restart Desk to assist returnee entrepreneurs and tradespeople with job placement referrals and business registration. This operates alongside a public Homecoming counter that tracks the cumulative number of returnees welcomed, businesses restarted, and jobs facilitated.


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