The Federal High Court in Abuja has dismissed a lawsuit filed by MultiChoice Nigeria, owners of DStv and GOtv, challenging the Federal Competition and Consumer Protection Commission’s (FCCPC) involvement in its recent subscription price hike.
In his judgment on Thursday, Justice James Omotoso ruled that the case constituted an abuse of court process, pointing out that a similar matter was already pending before another court.
He held that MultiChoice should have continued its arguments in the ongoing case rather than initiating a fresh suit.
Although he acknowledged the FCCPC’s right to investigate corporate practices under its enabling Act, the judge emphasized that the commission lacked the power to set or suspend prices unless explicitly authorized by the president through a gazetted order under Section 88 of the FCCPA.
“The power to fix prices is exclusively that of the president. Any decision taken without such delegation is a nullity,” Justice Omotoso stated.
He underlined that Nigeria operates a free market economy where service providers like MultiChoice are allowed to determine their own pricing, leaving consumers the option to accept or reject them.
He also found that FCCPC’s order to suspend MultiChoice’s price adjustment infringed upon the company’s right to fair hearing and suggested the action was selective.
“The use of services like those provided by the plaintiff is discretionary and not essential. Nigeria can do without it,” the judge declared.
Justice Omotoso further warned that undue price control by regulators could discourage investment and damage the country’s economic reputation.
While the FCCPC may carry out investigations into market behaviors, it cannot enforce pricing rules without proper presidential delegation, he concluded.
MultiChoice had increased its subscription rates by up to 25% on March 1, 2025, citing inflation and increased operational costs.
The FCCPC pushed back, labeling the hike as exploitative and demanding a regulatory review, leading to the court battle.
Following the ruling, FCCPC Director General Tunji Bello expressed satisfaction, noting that the judgment affirms that the president can delegate the commission to regulate prices, investigate market abuse, and report its findings and recommendations.
