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JUDICIARY

Tribunal Orders MultiChoice Orders MD to produce Audited Financial Report

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A Competition and Consumer Protection (CCPC) Tribunal sitting in Abuja, on Tuesday, ordered John Ugbe, the Managing Director of MultiChoice Nigeria Ltd, to produce its 2021 audited financial report on Sept 8 for breaching its restraining order on tariff hike.

The three-member tribunal, headed by Mr Thomas Okosun, in a ruling, also ordered directors of the company to appear on the next adjourned date for appropriate sanctions to be determined.

Newsmen report that MultiChoice is the operator of the satellite televisions, DStv and Gotv.

Newsmen report that the tribunal had, on July 25, fixed today for judgment in the suit filed by the claimants; Festus Onifade, a legal practitioner, and Coalition of Nigeria Consumers, on behalf of himself and others.

The claimants sued the company and the Federal Competition and Consumer Protection Commission (FCCPC) as 1st and 2nd respondents, shortly after the company, on March 22, announced its plan to increase price of its products from April 1.

They prayed the tribunal for an order, restraining the firm from increasing its services and other products on April 1, pending the hearing and determination of the motion on notice dated and filed on March 30.

The tribunal granted the ex-parte motion, directing parties to maintain status quo ante bellum.

But inspite of the tribunal’s order, the company was alleged to have gone ahead with the price increase on DStv and Gotv subscriptions and other products.

Against this backdrop, the claimants, in a motion on notice asked the tribunal for an order directing the managing director and the directors of MultiChoice to appear and show cause why they should not be committed to prison for willful disobedience of the order of the tribunal granted on the March 30.

They also sought an order, directing MultiChoice to pay 10 per cent of its annual turnover for failure to comply with the order in accordance with Section 51 (1) and 2 of the FCCPC Act, 2018 and under the inherent jurisdiction of the tribunal.

Onifade, who was the 1st claimant, said he was a loyal and long time customer of MultiChoice with DStv account number: 41353565835.

On April 11, the tribunal again ordered MultiChoice to revert back to the old prices by maintaining status quo of its March 30 order, pending the hearing and determination of the substantive matter, but to no avail. 

While delivering the judgment, the tribunal ruled that the MD and the directors should appeared with the 2021 audited financial report of the company. 

“The Managing Director and directors of the 1st defendant (MultiChoice) are to appear before this honourable tribunal with certified true copies of their audited financial report of year 2021,” the panel declared.

The tribunal said that the audited financial report would “enable the tribunal determine the appropriate penalty to impose on MultiChoice for being in contempt of the orders of this honourable tribunal made on March.”

But shortly after the judgment, counsel for the company,  Jamiu Agoro, informed the court that the firm’s MD and directors were presently not in the country and might not be able to come on Sept. 8.

He pleaded that another date should be fixed for the proceeding.

The tribunal, however, said that those invited could be represented by other company’s staff in the next adjourned date.

Newsmen report that Section 51 of the CCPT Act states that a corporate body is liable upon conviction for contempt of a fine not less than “N100 million or 10 per cent of its turnover in the preceding year.”

The tribunal, in the judgment, however refused to grant the prayers of the claimants, seeking for an order directing the firm to revert to old price regime.

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The three-member panel held that the power to regulate prices of goods and services does not reside in the FCCPC, the regulatory agency.

According to the tribunal, the power to regulate prices of goods and services only resides in the president of Nigeria.

According to the tribunal, only the president of Nigeria has the power to regulate the prices of goods and services under stipulated circumstances which did not exist in this circumstances.

The panel stressed that, not even the tribunal had the power to do so.

The tribunal further stated that it found no evidence of exploitation and anti-consumer activities alleged by the claimants against the company.

“We found no evidence in the argument of the claimants as those who assert must prove,” it held.

The tribunal, which held that the claimants failed to prove that MultiChoice had abused its power of dominance in the market,, said since Nigeria operates a free market economy, the argument lacked merit.

The panel also refused to grant the claimants’ prayer to direct the firm to adopt a pay-as-you-view model of billing for all its products and services.

It, however, ordered FCCPC to investigate if the firm adopts a pay-as-you-view package for its products and services in other countries, especially South Africa, and see how same could be adopted in Nigeria, and publish its findings within six month of the order. 

The tribunal also dismissed the claimants’ demand for a N10 million damages for unable to prove how they had suffered psychologically from the company’s act.

The panel, therefore, declared that prayers 1, 2 and 3 of the claimants are not grantable in law as the power to regulate prices of goods and services only resides in the president of Nigeria.

It also said that prayers 4 and 5 of the claimants lacked merit.

The panel, in the judgment, rebuked FCCPC over act of negligence to complaints by the consumers.

“The 2nd defendant (FCCPC) must also improve on its management of complaints from the public that it is established to serve .

“A situation where an aggrieved consumer does not get feed back on a duly filed complaint does not speak well for the country,” it said. 

The tribunal, therefore, charged the commission to resolve all lingering issues between MultiChoice and numerous consumers of the products and services of the company.

Newsmen report that Onifade, in an amended originating summons, granted by the tribunal on June 20, had sued the firm for N10 million damages.

The lawyer also sought the order directing and mandating MultiChoice to adopt a pay-as-you-view model of billing for all its products and services forthwith.

He further urged the tribunal to make an order directing the firm to make the local television stations in the country free and stop the company from cycled content. 

But counsel for MultiChoice, Jamiu Agoro, in a motion on notice, challenged the jurisdiction of the tribunal to hear the matter as the claimant lacked the locus to institute the action.

Jamiu had argued that the order of the tribunal made on April 11, asking MultiChoice to revert to old rates was made against a completed act, the firm, having increased its tariffs on April 1.

The lawyer argued that MultiChoice had already configured all their devices for the increase in tariff to take effect before the tribunal made its order.

Agoro added that there was no evidence presented before the tribunal of damage that the claimant had suffered.(NAN)

JUDICIARY

FCT Prisons: 56 Inmates Freed, 33 Shiites Convicted- NCoS

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Justice Husseini Baba-Yusuf, Chief Judge of the Federal Capital Territory (FCT) High Court, has discharged 56 inmates across two custodial centres in the FCT Command of the Nigerian Correctional Service (NCoS).

The  NCoS Public Relations Officer (PRO) of FCT command, Mr Samson Duza made this known in a statement on Thursday in Abuja.

“Out of the 56 inmates discharged, 30 were from the Kuje Medium Security Custodial Centre, while 26 others were from the Suleja Medium Security Custodial Centre.

“During the case review at Kuje Custodial Centre, the Chief Judge discharged five inmates amongst which two awaiting trial inmates were granted bail.

“Three convicted inmates had their fines paid by the Brekete family, Legend Golden Care Foundation and other Civil Society Organisation (CSO), ” he said.

Similarly in a separate case, Justice Belgore delivered a significant judgment concerning members of the Islamic Movement of Nigeria (IMN), also known as Shiites on the same day, at Kuje medium security custodial centre.

“Out of the 58 accused, 25 members, including one female, were discharged and acquitted, while the remaining 33 defendants were found guilty and convicted.

“Sentencing for the convicted individuals is scheduled for the following week.

“At Suleja custodial centre, a total of 102 cases were reviewed and 26 inmates discharged. Among the discharged inmates, 5 were convicted inmates while 21 were awaiting trial,” he said.

Duza said that the Chief Judge in his magnanimity paid the transportation fare of one inmate and compensation for another inmate amounting to the sum of N100,000.

In his address, Controller of Corrections incharge of FCT Command, Olatunbosun Ajibogun appreciated the Judge and his entourage for the visit.

Ajibogun also commended them for their continuous commitment to decongest custodial centres, assuring him of his unreserved support and cooperation to have a sane system.

The jail delivery exercise was part of ongoing efforts by the Nigeria Correctional Service and critical stakeholders in the criminal justice system, to ensure timely dispensation of justice.

This is to also alleviate overcrowding in correctional facilities, and provide inmates with a fair hearing.(NAN) 

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CRIME

Sales Rep Docked Over Alleged Stealing Motorcycle Valued N1.2m

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 The Police on Friday arraigned a 42-year-old sales representative, Surajudeen Lawal in Badagry Chief Magistrates’ Court over alleged stealing Bajaj motorcycle valued at N1,200,000.

The defendant whose address is unknown, is charged on a count of stealing, which he pleaded not guilty.

The Prosecution Counsel, Insp.

Ayodele Adeosun told the Court  that Lawal committed the offence on May 17, at about 11.
00.a.m, at Clemos Tech. Ltd., Abudu Complex, Oko-Afo, Badagry area of Lagos.

Adeosun alleged that the defendant, being a sales representative at the company sold one Bajaj motorcycle valued at N1,200,000, property of one Clement Ogunfododo, the complainant and converted the money to his own use.

“The defendant could not give the account of the money when he was asked to pay the money into company’s account.

“He was arrested and handed over to Police for interrogation and prosecution.

“The offence contravened the provision of Section 287 of the Criminal Law of Lagos State, 2015.

The Chief Magistrate, Mr Patrick Adekomaiya granted the defendant bail in the sum of N400,000 with two sureties in like sum.

He said one of the sureties must be gainfully employed.

Adekomaiya adjourned the case until June 11, for mention. (NAN)

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JUDICIARY

UPDATE: Court Admits Defence Videos As Evidence in Nnamdi Kanu’s trial

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The Federal High Court in Abuja on Thursday, admitted in evidence videos of Gen. Theophilus Danjuma (rtd.), Gov. Hope Uzodinma of Imo and the Director General of Department of State Services (DSS), Adeola Ajayi, in Nnamdi Kanu’s Defence.

Justice James Omotosho admitted the flash drive containing the three separate video recordings as Exhibit PW-P and a certificate of compliance as Exhibit PWP-1 in the ongoing terrorism trial of Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

The documents were admitted in evidence after Paul Erokoro, SAN, counsel for Kanu, tendered them from the bar and were not opposed by the Federal Government’s lawyer, Adegboyega Awomolo, SAN.

The three video recordings were played in the open court and the FG’s witness, an operative of the DSS, identified as BBB, was crossed examined by Erokoro.

Earlier, the lawyer reminded the witness that during the cross examination the previous day, reference was made to remarks by Danjuma and the DSS DG and he responded in affirmative.

“Do you know your DG and if you see him, will you recognised him,” Erokoro asked.

“Yes, I will my lord,” BBB responded, and the lawyer sought the leave of the court for the video to be played.

In one of the videos, the DSS DG was addressing a gathering of people where he suggested that communities should endeavour to create a first line of defence against bandits and other invaders.

In the video, Ajayi cited examples of two communities; Azare and Tafawa Balewa in Bauchi State, that were able to kill and dislodge Boko Haram insurgents through collective effort when he was serving as state director.

He, however, said that such effort must be done under the guidance and approval of the security agencies.

The DG said it was practically impossible for security agencies to protect every society in the country.

The DSS boss was heard saying: “The practical approach to mobilising people is to get everyone involved. It is impossible for the security agencies to deploy to every part of the country.

“What we need to do is to make communities set up first line of defence.

“We have to allow some levels of armament for the communities to rise and defend themselves first, but under the guidance and approval of security agencies. The time to start it is now.”

When asked by Erokoro whether the DG DSS was not asking for communities to defend themselves, the witness emphasised that the DG stressed that such communities must come for guidance and approval from security agencies.

In another video, former Defence Minister, Gen. Danjuma, was shown making a remark in an event.

Danjuma was heard, in the video, saying members of the armed forces were not neutral in the ongoing killings across the country.

The ex-General said in the video: “the peace in this state is under threat. There is an attempt for ethnic cleansing in this state and all the riverine states of Nigeria. We must resist it. We must rise up.

“The armed forces are not neutral. They collude with armed bandits that killed Nigerians, they facilitate their movement. They cover them.

“If you are depending on the armed forces to protect you, you will all die one by one.”

When asked by Erokoro who the speaker in the video was, the witness confirmed that he was Danjuma.

Erokoro then asked the witness if he heard Danjuma calling on people to defend themselves and that the security agencies were not neutral and BBB responded in affirmative.

BBB, however, rejected Erokoro’s request to give his (BBB’s) opinion on the implication of what Danjuma said.

“I am not here to interpret his statement. The maker of the video should be the one to interpret it himself,” he said.

When the lawyer asked him if he was aware DSS arrested Danjuma for making the statement, the witness said: “I am not aware my organised arrested him.”

The third video showed Gov. Uzodinma complaining about the killings of some All Progressives Congress (APC)’s leaders in his state and blamed it on the politicians.

The governor said in the video: “Wicked politicians are sponsoring the killings in Orlu. The APC leaders were killed but not one PDP leader has been killed or attacked for once.

“I think there cup is now full and killings of innocent people must stop in Imo.”

Uzodinma, who said it occured to him that the alleged killers were after APC members, said government would come hard on them if they failed to refrain from such act.

When asked who the speaker was, the witness said it was Gov. Uzodinma.

Erokoro then asked BBB whether Uzodinma’s position did not contradict his claim in court that IPOB members were behind killings in Orlu in Imo.

Responding, the witness said DSS’ position was informed by the outcome of their investigation.

BBB further said that, while Uzodinma failed to mention names of victims of the killings he referred to, the DSS’ investigation was specific on the identity of those killed by suspected IPOB members, who were enforcing the sit-at-home order directed by Kanu.

“Our investigation revealed those who were killed by suspected IPOB members and we mentioned their names, but the governor did not mention any name of people he said were killed,” the witness said.

BBB, who was the 2nd prosecution witness (PW-2), was also cross examined by Ekororo based on his earlier testimony.

When asked about the IPOB status, the witness said he was aware that IPOB had been proscribed by an order of court and that Kanu had been a member of IPOB before and after its proscription.

On whether he knew what the EndSARS protest was about, the witness said it was about the call by some people for the police’s Special Anti Robbery Squad (SARS) to be scrapped.

The witness also said he was aware that some states, including Lagos and the National Human Rights Commission (NHRC) constituted commissions of enquiry to probe the EndSARS protest and other related incidents.

When he was asked to read the heading of the report of the panel, the witness said: “Lagos State Panel of Judicial Enguriy on Restitution  of Victims of EndSARS Protest and Other Matters.”

The witness agreed with Erokoro that the report from the commission set up by Lagos State did not indicate IPOB and that it did not classify the protest as act of terrorism.

Erokoro tendered the report issued by the Lagos’s commission of enquiry, which the court admitted in evidence as Exhibit PWO after it was not opposed by FG’s lawyer, Chief Adegboyega Awomolo.

When he was asked if Kanu’s international passport had ever been in DSS custody, the witness said he had never seen the passport before.

When asked if he was aware Kanu had travelled to different countries before, BBB said the IPOB leader told him he had travelled to many countries.

He said though he did not know if the name, “Biafra,” had been proscribed, BBB said he was aware that IPOB had been proscribed.

The witness, who admitted that the AGF letter was tendered through him in court, said he was aware of all the allegations against Kanu mentioned by the AGF in the letter.

The witness disagreed with Erokoro that the letter did not serve any useful purpose.

He said he did not know if Kanu had been in detention for the past five years.

When asked if he had the report of the investigation on Kanu, BBB responded in affirmative.

He, however, said that the report was not with him in court because the report belongs to the government.

The witness said his involvement in Kanu’s matter was only the taking of his statement on the video.

When asked if there were any other persons as defendants in the charge against Kanu, BBB said it was only Kanu he saw as sole defendant.

Erokoro put the question to BBB that in the earlier video he watched, there was no one bearing arms as members of ESN.

Responding, the witness said: “In the video we watched, I cannot say they carry arms or they did not carry arms.”

The witness further explained that the people might be carrying arms underneath them.

While responding to question during re-examination by FG’s lawyer, Chief Adegboyega Awomolo, SAN, on whether the Eastern Security Network (ESN) set up by Kanu and Amatekun established by south west states had the same features in their formation, the witness said ESN was an illegal group unlike the Amotekun.

The witness said Amotekun was backed by laws, passed by the various houses of assembly of the six south west states while ESN had no law supporting its existence.

“ESN and Amotekun are not the same. I know that states in the South West passed laws to legalise Amotekun. But, ESN is not registered.

“ESN is illegal. Amotekun is recognised by law,” the witness said.

Justice Omotosho, then discharged BBB from the witness box.

The judge, before adjourning for the day, gave the prosecution six days within which to call all its witnesses and conclude its case.

He said this would, however, depend on how fast the defence too conduct their cross examination.

Justice Omotosho also indicated that the defence would be allocated nine days

He reminded parties that accelerated hearing had been granted in the case so that the trial could be concluded within reasonable time in the interest of justice.

The judge, following an agreement by lawyers to parties, adjourned until May 28 and May 29, June 6, June 16, June 18 and June 19 for the prosecution to conduct its case.(NAN)

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