A three-member tribunal dismissed the case after Festus Onifade, the claimant, requested to withdraw his case against MultiChoice.
Onifade stated that he no longer intends to proceed with the matter and expressed concerns that MultiChoice would use the court’s annual vacation period to argue its appeal and thwart his case.
“I am abandoning this matter. I am withdrawing this case,” he said. He had filed the suit to challenge the alleged oppressive attitude of multinationals towards Nigerian consumers.
Counsel to MultiChoice, Senior Advocate of Nigeria, Moyosore Onigbanjo, did not object to the claimant’s request to withdraw.
The tribunal however granted Onifade’s request and ruled that no cost is awarded.
Previously, the tribunal had stopped MultiChoice from increasing its tariffs and subscription rates, but MultiChoice appealed the decision and filed for a stay of proceedings. However, the three-member panel dismissed MultiChoice’s preliminary objection and 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 and provided reasons for its price hike.
Onifade urged the court to determine his case in the interest of justice. At a resumed hearing, Onigbanjo asked the tribunal to adjourn the matter until the Court of Appeal decided on his applications.
Onifade argued that the issue of indefinite adjournment had been decided by the tribunal and could not be reopened by MultiChoice.
The tribunal ruled that MultiChoice must follow proper procedures, and there was nothing to stay, and set the next hearing for 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.
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