From Godwin Tsa, Abuja
The Federal High Court in Abuja has dismissed a suit by MultiChoice Nigeria, the parent company of DStv and GOtv, challenging the Federal Competition and Consumer Protection Commission’s (FCCPC) intervention in its subscription price hike. Justice James Omotosho ruled that the suit was an abuse of court process due to similar pending proceedings elsewhere.
Omotosho clarified that while the FCCPC has investigative powers under its Act, it lacks authority to fix or suspend prices without presidential delegation via a gazetted instrument. “The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” he stated. He emphasised Nigeria’s free-market system, where providers like MultiChoice can set prices, and consumers can choose to accept or reject them.
The judge found FCCPC’s directive to suspend MultiChoice’s price increase breached the company’s right to a fair hearing and appeared discriminatory. He rejected FCCPC’s claim of MultiChoice’s market dominance as 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 regulatory price controls could deter investors and harm the economy.
MultiChoice raised subscription rates by up to 25% on March 1, 2025, citing inflation and operational costs. The FCCPC opposed the hike, demanding a review and threatening sanctions, which led to the lawsuit.
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