The Federal High Court sitting in Abuja has dismissed a suit filed by MultiChoice Nigeria Limited seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from taking administrative action against the company.
The presiding judge, Justice James Omotosho, in a judgement delivered on Thursday, May 8, 2025, held that the suit was an abuse of court process.
MultiChoice, the operator of DStv and GOtv recently increased the subscription rates on its packages against an invitation by the FCCPC to give explanation on why the company wanted to effect a price hike.
Justice Omotosho had issued an interim order restraining the FCCPC from taking “any administrative steps” against MultiChoice following its announcement of price increases for DStv and GOtv.
The judge gave the order after the company’s lawyer, Moyosore Onigbanjo (SAN), complained that despite ongoing litigation, the FCCPC continued to send letters, threatening further sanctions against the firm.
Justice Omotosho, on Thursday, said the company’s suit constituted an abuse of court process as similar proceedings were already pending elsewhere.
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The judge stressed that the plaintiff should have pursued its arguments in that court, rendering the current filing procedurally inappropriate.
He said 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.
“The power to fix prices is exclusively that of the president. Any decision taken without such delegation is a nullity,” Justice Omotosho declared.
The judge added that Nigeria operates a free market system, saying service providers like MultiChoice have the right to set their prices, with consumers free to accept or reject them.
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