By Nkechi Eze
The Federal High Court in Abuja has dismissed a lawsuit filed by MultiChoice Nigeria Limited, aimed at stopping the Federal Competition and Consumer Protection Commission (FCCPC) from investigating its recent subscription fee hikes for DStv and GOtv. The court deemed the suit an abuse of court process.
Justice James Omotosho, who presided over the case, ruled that the application was invalid because a similar matter involving the same parties was already being handled in another court. As a result, the court struck out the entire suit.
MultiChoice had earlier ignored the FCCPC’s summons in February and went ahead with a price increase, just months after a previous hike. Instead of cooperating with the regulatory inquiry, the company sought a court order to block the Commission’s investigation into its pricing practices.
In his judgment, Justice Omotosho reinforced several provisions of the Federal Competition and Consumer Protection Act (FCCPA) of 2018, especially concerning the Commission’s authority to monitor and respond to price changes.
The judge clarified that Section 88 of the FCCPA allows the President of Nigeria to regulate prices when necessary and to delegate that authority particularly to the FCCPC. He also affirmed that Section 17 empowers the Commission to investigate potentially exploitative pricing and submit findings and recommendations to the President to inform regulatory decisions.
The ruling confirms that once a product or service is placed under price control by presidential declaration, the FCCPC has the legal authority to enforce related regulations.
Reacting to the verdict, FCCPC Executive Vice Chairman and CEO, Mr. Tunji Bello, welcomed the decision as a victory for the rule of law and a major step toward deterring attempts to sidestep regulatory oversight.
He emphasized that the judgment underscores the Commission’s mandate to protect consumers and ensure transparency in the market. “Nigerians can rest assured that the FCCPC remains fully committed to investigating and addressing unfair pricing and anti-consumer behavior as outlined in the FCCPA,” he said.
