A Federal High Court in Abuja has struck out a lawsuit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC), challenging regulatory opposition to its recent price increases on DStv and GOtv services.
In a ruling delivered on Thursday, Justice James Omotosho held that the suit was a misuse of the judicial system, pointing out that MultiChoice had prior knowledge of a related case initiated by legal practitioner Festus Onifade, yet chose to file a separate action.
The court maintained that MultiChoice should have pursued its claims within the framework of the earlier case already in court.
Justice Omotosho clarified that while the FCCPC is empowered to examine monopolistic tendencies and market dominance, it lacks the legal mandate to halt or reverse price adjustments without first conducting a detailed inquiry.
He further stated that only the President of Nigeria, as stipulated by law, can regulate or set prices, and such regulation must be industry-wide, not targeting a specific firm.
The judge ruled that the FCCPC exceeded its legal authority by attempting to freeze MultiChoice’s new pricing before completing any investigation.
Though the court agreed that businesses in Nigeria are free to set prices under a market-driven economy, it rejected MultiChoice’s legal challenge on technical grounds.
Justice Omotosho warned that regulatory bodies must stay within their lawful limits and adhere to due process.
The case stems from MultiChoice’s announcement of a subscription fee increase, effective March 1, 2025, citing economic inflation.
This move attracted public outrage and led to a summons from the FCCPC, which threatened sanctions. MultiChoice then approached the court seeking protection from regulatory clampdowns.
While affirming the company’s right to price autonomy, the court concluded that MultiChoice’s lawsuit was procedurally flawed and could not stand..