In Nigeria, a consumer whose rights have been violated by any person can either seek redress in a Court of competent jurisdiction or file a complaint in the Federal Competition and Consumer Protection Commission (FCCP).
As defined by FCCP, a consumer is any person who purchases or offers to purchase goods, products and commodities for consumption. Most Nigerians are unaware of their rights as consumers, leading to the countless violations of those rights by service providers.
Last week, a lot occurred within the Nigerian judicial space. From the court ordering Multichoice to pay a customer N5.5 million for disconnecting his subscription before expiration to the speaker saying the president’s directive to CBN falls short of the Supreme Court order that the old currencies remain legal tender.
Below is the weekly roundup of judicial stories compiled by The Jurist to keep you updated.
A customer`s right
Last Monday, the court of appeal in Asaba awarded N5.5 million damages against Multichoice Nigeria Limited for disconnecting a customer.
The customer, Victor Otomiewo, a former Attorney general, had paid N69,900 for a six-month subscription to expire on July 19, 2015. However, on June 2, 2015, he was disconnected before the expiration of the subscription. he therefore approached the court seeking redress
On June 27, 2016, the trial court ordered Multichoice to pay him the sum of N500,000, of which he was not satisfied with, which made him approach the appellate court.
The appellate court, in its ruling, held that When a subscription for the use of a facility or access to get a benefit is paid for or subscribed for whatever purpose, once it is paid, a duty and obligation fall on that office/agency/outfit howsoever described, to render services.
Consequently, the judge awarded the sum of N5.5 million damages against Multichoice Nigeria Limited.
Read more: How court awarded N5.5m Against Multichoice for Disconnecting Customer
Theft arraignment
Also on Monday, a magistrate court in Ojo Lagos state arraigned a Baobab Microfinance bank staff for alleged theft of the bank’s N569,225.
Upon arraignment, Olatunde Olatimehin pleaded not guilty to the two count charge which bordered on stealing and causing a breach of peace.
He was subsequently granted bail in the sum of N300,000 with provision of two sureties as part of his bail condition.
Speaker reacts to president’s order
on February 16, 2023, President Muhammadu Buhari, in a broadcast, directed the CBN to only reissue and re-circulate the old N200 banknotes as legal tender for 60 days up till April 10, 2023.
Reacting to the directive, Femi Gbajabiamila, the Speaker of the House of Representatives, said the directive to CBN falls short of the Supreme Court order that the old currencies remain legal tender.
The speaker said it would be better for the president to first adhere to the court order pending the adjudication of the suit on the policy’s legality and implementation.
He noted that citizens are suffering the consequence of the flawed implementation of the naira redesign policy and also the result of decisions by CBN’s Governor Godwin Emefiele to refuse counsel.
According to him, the currency scarcity is because CBN did not sufficiently replace the currency it pulled out.
Diaspora voting
Last week Wednesday, Justice Inyang Ekwo of the federal high court struck out a suit seeking to stop the February 25 and March 11 general elections over the exclusion of eligible Nigerians living abroad.
The suit, filed by Mr Chikwe Nkemnacho and Mr Kenneth Azubuike Nkemnacho on behalf of Nigerians in the Diaspora, sought the court to declare that they were entitled to participate in the electoral process wherever they are domiciled.
They also sought to stop INEC from going ahead with the election as scheduled until provisions were made for them to participate.
Justice Ekwo, in his judgement, held that the suit lacked merit as no law guarantees the right of Nigerians in the diaspora to vote in any election.
The judge said there was no need to enforce a law where a right was not provided in the constitution.
Election matters
Justice Ekwo also dismissed a suit seeking the disqualification of Rev. Father Hyacint Alia as the Governorship candidate for All Progressives Congress (APC) in Benue.
The judge dismissed the suit for being an abuse of court process and held that the PDP’s suit was incompetent on the ground of lack of locus standi (legal right) to institute the case.
PDP and Mr Titus Uba had sued the Independent National Electoral Commission (INEC) accusing the APC of substituting the deputy governorship candidate of the party, Mr Vembe (4th defendant), with Mr Ode (5th defendant) without any written communication by the party to INEC to convey Vembe’s withdrawal in accordance with the provisions of Section 31 of the Electoral Act, 2022.
They argued that the act contravened sections 187 (1) and 285 (14) (c) of the 1999 Constitution (as amended) and INEC’s relevant timetable, regulations and guidelines.
The asked the court for an order directing the electoral umpire not to recognise Alia as APC governorship candidate in the March 11 Benue poll.
However, the judge, in his ruling, dismissed the suit.
Another election matter
A five-man panel of Justices of the Supreme Court led by Justice Inyang Okoro on Friday declared Lawal Usman the rightful candidate of the People’s Democratic Party (PDP) in the forthcoming Kaduna Central Senatorial District election, slated for February 25.
The court set aside the judgement of the trial court which ordered Usman’s removal and nullified the primary election held.
The panel held that the Kaduna High Court lacked the jurisdiction to inquire into the internal affairs of the PDP.
Consequently, the apex court unanimously dismissed the appeal and declared Lawal Usman the rightful candidate of the PDP in the forthcoming Kaduna Central Senatorial District election.
Court awards Ronaldo $300,000
US District court had ordered Kathryn Mayorga’s lawyer to reimburse $300,000 to Portuguese soccer star Cristiano Ronaldo for legal fees he spent defending himself in the alleged rape case
Kathryn had accused Ronaldo of raping her in a Las Vegas hotel room in 2009 though Ronaldo maintained that the intercourse was consensual.
Judge Jennifer Dorsey had in June 2022 dismissed the case with prejudice after finding that Kathryn’s lawyer engaged in severe misconduct that might lead to Ronaldo not having a fair trial.
Consequently, she ordered the lawyer to pay the sum of $334,637.50 to Ronaldo.
Though Ronaldo sought more compensation than the sum awarded, the judge ruled that Ronaldo and his lawyers dragged the case longer than necessary.
Naira redesign policy case adjourned
The supreme court of Nigeria last week adjourned the redesign policy case after joining nine other states to the suit.
While the the Attorneys General of Katsina, Cross River, Lagos, Ondo, Ogun, Ekiti and Sokoto States were joined as co-plaintiff, Edo and Bayelsa states were joined as co-respondents.
The matter was adjourned for this week, February 22.
Libel suit
Peter Mbah, the Enugu State governorship candidate of the People’s Democratic Party (PDP), had dragged Ugochukwu Agballah, the Enugu state APC chairman before the Enugu State High Court.
Mbah slammed a one-billion-naira libel suit against Agballah for accusing him of being in a forty-billion-naira debt and that he joined the Enugu governorship race to use Enugu State’s funds to pay the debt.
According to him, the accusation published by a Nigerian media platform, humiliated him as he received countless calls and messages from family members, business and political associates and others who thought the claims were true.
He also alleged to have received various condemnations in the media and social media platforms, leading to him approaching the court to seek redress.
