MultiChoice Nigeria and the Federal Competition and Consumer Protection Commission (FCCPC) have both filed appeals at the Court of Appeal in Abuja over a recent Federal High Court judgment concerning subscription price increases on DStv and GOtv platforms.
The legal dispute centers on whether a private company operating in a free-market economy can be lawfully restrained by a regulatory agency from altering its prices — and to what extent such oversight can be enforced.
Justice James Omotosho of the Federal High Court had ruled that while the FCCPC has regulatory authority, its powers do not extend to fixing prices for services provided by private firms like MultiChoice. The court also faulted MultiChoice for abusing court processes — a ruling that neither party fully accepted.
MultiChoice is challenging the ruling primarily to overturn the accusation of “abuse of court process.” Represented by Senior Advocate of Nigeria (SAN), Moyosore Onigbanjo, the company argued that the judge introduced the issue unilaterally without giving it an opportunity to respond.
Onigbanjo emphasized that the suit in question was distinct from previous litigation involving different parties and subject matter.
He further contended that the court erred by dismissing MultiChoice’s case outright instead of striking it out — a move that prevents the company from refiling.
He urged the appellate court to set aside the dismissal and validate the legitimacy of MultiChoice’s suit.
On its part, the FCCPC is appealing sections of the judgment that it claims diluted its enforcement authority.
Arguing through Prof. Joseph Abugu (SAN), the Commission maintained that it acted within its legal mandate by issuing interim directives to suspend the price hikes pending a full review.
Abugu clarified that the FCCPC is not engaged in price-fixing, but rather acting to prevent exploitative practices by a dominant player in a regulated sector.
“Pay-TV operators like MultiChoice operate in a regulated industry. Being in a free market does not exempt them from regulatory oversight,” he stated.
The FCCPC filed an eight-point appeal, asserting that the High Court’s interpretation of its statutory powers was flawed and resulted in a miscarriage of justice.
It pointed to documented trends of frequent and steep price hikes as evidence of consumer exploitation.
“The price charts submitted to the court clearly demonstrated arbitrary and repeated price increases that burden consumers,” the Commission stated.
In response to the court’s observation that other companies were not similarly targeted, the FCCPC argued that its actions were based on specific complaints from consumers about MultiChoice and were not meant to be a sweeping industry probe.
No date has been set yet for the appellate hearing. Meanwhile, the High Court ruling remains in force unless a stay of execution is granted.
Public frustration remains high following MultiChoice’s March 1, 2025, subscription increase — its second within a year.
Though the company attempted to ease consumer discontent by slashing decoder prices from ₦20,000 to ₦10,000 in June, many Nigerians remain dissatisfied with the limited alternatives in the pay-TV market.
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