A Federal High Court in Abuja has said the Federal Competition and Consumer Protection Commission’s (FCCPC) does not have the power to suspend or fix the subcription prices of MultiChoice Nigeria, the parent company of DStv and GOtv.
The court presided by Justice James Omotoso however chastised MultiChoice for filing the suit against the FCCPC, as similar proceedings were already pending elsewhere.
The company had on March 1, 2025 increased prices of all its subscription packages, for the second time in less than a year, by up to 25% on March 1, 2025, citing inflation and operational cost pressures.
The FCCPC opposed the move, calling for regulatory review and threatening sanctions. It also took the matter before the Federal High Court in Lagos.
Justice Omotoso on Thursday ruled that the suit by MultiChoice constituted an abuse of court process.
The judge stressed that the company should have pursued its arguments in the court where similar proceedings are pending, saying the current filing was procedurally inappropriate.
Justice Omotoso noted that while the FCCPC has investigative powers under its establishing Act, it lacks the authority to fix or suspend prices unless specifically delegated by the president through a gazetted instrument. No such delegation was presented to the court.
“The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” he stated.
He added that Nigeria operates a free market system, and service providers like MultiChoice retain the right to set their prices, with consumers free to accept or reject them.
The judge further ruled that FCCPC’s actions, including directing MultiChoice to suspend its price increase, breached the company’s right to fair hearing and appeared selectively targeted.
He dismissed the FCCPC’s claim that MultiChoice held a dominant market position, calling the argument untenable.
“The use of services like those provided by the plaintiff is discretionary and not essential. Nigeria can do without it,” he added.
He warned that attempts to fix prices by regulatory bodies could scare off investors and harm the economy.
The court held that while the FCCPC may investigate market practices, it cannot impose price controls without proper legal backing.
