The Federal High Court in Abuja has dismissed a suit filed by MultiChoice Nigeria Limited, which sought to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from investigating its recent price hikes for DStv and GOtv services, describing the suit as an abuse of court process.
According to a statement issued by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, Justice James Omotosho, who presided over the case, held that MultiChoice’s suit was duplicative and improper, as a similar matter involving the same parties was already pending before another court.
The statement reads:
“Consequently, the Court struck out the application in its entirety.
Recall that MultiChoice had ignored the FCCPC’s invitation in February and went ahead to increase its subscription rates less than eight months after a similar price adjustment. Instead of engaging with the Commission, the cable TV provider filed an application to stop the FCCPC from inquiring into the reasons for its persistent price increases.”
The court also reaffirmed key provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018 concerning price regulation and the Commission’s mandate.
“In his ruling, Justice Omotosho further upheld the authority conferred by the FCCPA on the Commission. The FCCPC’s legal team was led by Prof. Joseph Abugu (SAN), while Mr J. Onigbanjo (SAN) represented MultiChoice,” the statement added.
The court recognised that Section 88 of the FCCPA empowers the President of the Federal Republic of Nigeria to regulate the prices of goods and services when necessary, and may delegate this authority to a regulatory agency such as the FCCPC.
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“The Court also confirmed that, under Section 17 of the FCCPA, the FCCPC is authorised to investigate exploitative pricing and submit its findings, data, and recommendations to the President to guide decisions on price control.
Furthermore, once the President declares certain goods or services as subject to price regulation, the FCCPC has full enforcement powers to implement such measures.”
Upholding Regulatory Authority
Reacting to the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Mr Tunji Bello, hailed the ruling as a “validation of the rule of law and a critical step in countering procedural tactics aimed at frustrating legitimate regulatory action.”
“It sends a clear message that regulatory bodies will not be hindered by procedural obstacles in carrying out their lawful duties to uphold fairness, transparency, and accountability in the marketplace,” he stated.
He assured Nigerian consumers of the Commission’s ongoing commitment to investigating and addressing exploitative pricing and other anti-consumer practices in accordance with the FCCPA 2018.
