Justice James Omotosho of the Federal High Court, Abuja, has dismissed a suit filed by MultiChoice Nigeria, operators of DStv and GOtv, challenging the intervention of the Federal Competition and Consumer Protection Commission (FCCPC) in its recent subscription price increase.
In a judgment delivered on Wednesday, Justice Omotosho held that the suit was an abuse of court process, citing the existence of a similar matter already pending before a court in Lagos. He noted that MultiChoice should have pursued its claims in that forum.
While affirming the FCCPC’s powers to investigate under its enabling Act, the court ruled that the commission lacked the authority to fix or suspend prices without a specific delegation from the President through a gazetted directive. The court stated that no such delegation was presented in the case.
Justice Omotosho emphasized that Nigeria operates a free-market economy where service providers are at liberty to set prices, and consumers have the right to accept or reject them. He ruled that the FCCPC’s directive to MultiChoice to halt its price hike violated the company’s right to fair hearing and appeared selectively enforced.
The judge also dismissed the FCCPC’s claim that MultiChoice occupies a dominant market position, describing the argument as untenable. He said the services offered by the company are discretionary and not essential to national survival.
Justice Omotosho cautioned that attempts by regulatory agencies to impose price controls without legal basis could discourage investment and negatively affect the economy.
The court concluded that while the FCCPC has the power to investigate market activities, it cannot lawfully impose price restrictions without proper legal backing.
