The Federal High Court in Abuja has struck out a suit filed by MultiChoice Nigeria, seeking to stop the Federal Competition and Consumer Protection Commission, FCCPC, from investigating its latest subscription price hike for DStv and GOtv services.
In a ruling delivered by Justice James Omotosho, the court declared MultiChoice’s suit an abuse of court process, citing the pendency of a similar case involving the same parties in another court.
The judge emphasized that the move by the pay-TV giant was duplicative and legally improper.
FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, confirmed in a statement that the court dismissed the suit in its entirety.
MultiChoice had snubbed an invitation by the FCCPC in February, opting instead to raise subscription fees just eight months after a previous hike.
The company then filed a suit seeking to bar the Commission from querying its pricing decisions.
Justice Omotosho, however, went beyond striking out the case and reaffirmed the powers granted to the FCCPC under the Federal Competition and Consumer Protection Act, FCCPA, 2018, especially regarding price regulation and consumer protection.
The court ruled that Section 88 of the FCCPA empowers the President of Nigeria to regulate prices of goods and services when necessary and to delegate such authority to agencies like the FCCPC.
It further upheld Section 17 of the Act, which allows the Commission to investigate potentially exploitative pricing and submit findings to guide presidential action on price controls.
Moreover, the ruling confirmed that once the President classifies certain services, like pay-TV subscriptions, as price-regulated, the FCCPC holds full authority to enforce those regulations.
Reacting swiftly, FCCPC’s Executive Vice Chairman and CEO, Mr. Tunji Bello, described the ruling as an affirmation of the rule of law and a significant step towards curbing procedural tactics aimed at obstructing lawful regulatory oversight.
“It sends a clear message that regulatory agencies will not be hindered by procedural roadblocks when exercising their lawful mandate to ensure fairness, transparency, and accountability in the marketplace,” he stated.
According to him, “Nigerian consumers can be assured that the Commission is fully committed to investigating and addressing exploitative pricing and other anti-consumer practices, in line with the provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018.”
