A Federal High Court in Lagos on Thursday dismissed the suit filed by some disaffected subscribers challenging the recent 20 per cent increase in subscription rates of MultiChoice’s DStv platform. The subscribers, Osasuyi Adebayo and Oluyinka Oyeniji, both lawyers, had filed the class action suit on behalf of themselves and other DStv subscribers in the country. The plaintiffs had sought an order of the court restraining MultiChoice from effecting the new rates, which began on April 1, 2015. But in his ruling, Justice Chukwujeku Aneke upheld the preliminary objection filed by MultiChoice and described the suit an abuse of court process. The judge rejected the plaintiff’s argument that MultiChoice did not deserve to be given right of audience, having failed to abide by an earlier ex parte order of the court restraining the company from implementing the rates. Justice Aneke said the court was bound to entertain arguments from all parties before it, notwithstanding the alleged violation of the court order. The court also ruled that the suit disclosed no reasonable cause of action, given that the plaintiffs were not obliged to remain MultiChoice subscribers on account of the hike in subscription rates. Justice Aneke also upheld MultiChoice’s argument that the suit failed to comply with mandatory provisions of Sections 97 and 98 of the Sherrifs and Civil Processes Act, which stipulate that a writ to be served outside jurisdiction must be concurrently issued. The second defendant in the suit, the Nigerian Broadcasting Commission (NBC), based in Abuja, was said to have been served without compliance with the provisions of law. The plaintiffs, through their lawyer, Yemi Salma, had urged the court to discountenance such argument, as Section 19 of the Federal High Court Act, clearly defines the jurisdiction of the court to be one within Nigeria.
