Nigeria: Subscribers Initiate Contempt Charge Against Multichoice
Some Nigerian subscribers, who dragged Multichoice Nigeria before a Federal High Court sitting in Lagos, over its hike in the prices of Digital Satelite Television, DSTV, and GoTV subscriptions, have initiated contempt proceedings against the company's (Multichoice) directors for allegedly disobeying a valid court order.
Meanwhile, Multichoice has challenged the jurisdiction of the court to hear the suit.
Trial judge, Justice Chukwujekwu Aneke had on April 2 granted an order of interim injunction, restraining Multichoice from enforcing its planned price increase .
The judge asked parties to maintain status quo until the suit is determined.
The judge ordered, "That an order of interim injunction is hereby granted to the parties to maintain the status quo restraining the first defendant (Multichoice/DSTV) from giving effect or enforcing its planned increase in cost of the different classes of viewing or programmes bouquet, pending the hearing and determination of the motion on notice."
Plaintiffs in the suit are Mr Osasuyi Adebayo and Mr Oluyinka Oyeniji, a lawyer, on behalf of themselves and individual/corporate subscribers of DSTV and distributors.
MultiChoice, owners of DStv and GOtv, had announced a 20 percent price increase for all its satellite pay TV bouquets in Nigeria with effect from April 1.
At the resumed hearing in the suit, testerday, Oyeniji accused Multichoice of disobeying the order, contending "The order has been flouted brazenly."
But counsel for Multichoice, Mr Moyosore Onigbanjo, SAN, said his clients did not obey the order because it was made after the new price had gone into effect.
"An injunction cannot be granted in respect of a completed act," he said.
"By the time the order was made, the price increase had been effected. The order was made on April 2 and we were served on April 8. The price increase took effect from April 1," Onigbanjo added.
He added that Multichoice was not bound to obey the order since it was already challenging the court's jurisdiction.
He also pointed out that the order stated that "status quo" should be maintained, arguing that status quo as at the time the order was made meant the new subscription rates, not the old prices.
Meanwhile, Multichoice has challenged the jurisdiction of the court to hear the suit.
Trial judge, Justice Chukwujekwu Aneke had on April 2 granted an order of interim injunction, restraining Multichoice from enforcing its planned price increase .
The judge asked parties to maintain status quo until the suit is determined.
The judge ordered, "That an order of interim injunction is hereby granted to the parties to maintain the status quo restraining the first defendant (Multichoice/DSTV) from giving effect or enforcing its planned increase in cost of the different classes of viewing or programmes bouquet, pending the hearing and determination of the motion on notice."
Plaintiffs in the suit are Mr Osasuyi Adebayo and Mr Oluyinka Oyeniji, a lawyer, on behalf of themselves and individual/corporate subscribers of DSTV and distributors.
MultiChoice, owners of DStv and GOtv, had announced a 20 percent price increase for all its satellite pay TV bouquets in Nigeria with effect from April 1.
At the resumed hearing in the suit, testerday, Oyeniji accused Multichoice of disobeying the order, contending "The order has been flouted brazenly."
But counsel for Multichoice, Mr Moyosore Onigbanjo, SAN, said his clients did not obey the order because it was made after the new price had gone into effect.
"An injunction cannot be granted in respect of a completed act," he said.
"By the time the order was made, the price increase had been effected. The order was made on April 2 and we were served on April 8. The price increase took effect from April 1," Onigbanjo added.
He added that Multichoice was not bound to obey the order since it was already challenging the court's jurisdiction.
He also pointed out that the order stated that "status quo" should be maintained, arguing that status quo as at the time the order was made meant the new subscription rates, not the old prices.
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