By Peter Omopo
The Federal High Court in Abuja has dismissed a suit filed by MultiChoice Nigeria, the operators of DStv and GOtv, challenging the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to intervene in its recent subscription price hikes.
Delivering judgment on Thursday, Justice James Omotosho described the suit as an abuse of court process, noting that a similar case on the same subject matter is already pending before the Lagos Division of the court.
MultiChoice had sought a legal interpretation on whether the FCCPC, under Section 17(a) of its Act, could lawfully restrain the company from increasing prices. It also argued that the Commission’s directive to reverse its pay-TV price hikes was discriminatory and unconstitutional.
In response, the FCCPC filed a counter-affidavit highlighting the duplicity of the case and citing the ongoing Lagos proceedings.
Justice Omotosho ruled that MultiChoice should have presented its arguments in the already existing Lagos case, noting that the company had the right to file a counterclaim there.
“This suit is an abuse of court processes and a duplicity of actions,” the judge said. He added that the issues raised could be adequately addressed within the Lagos proceedings.
The judge also clarified that while the FCCPC has the authority to investigate anti-competitive practices, it does not have the power to fix or suspend prices unless such authority is delegated by the President through a formal gazette.
MultiChoice had announced a price increase of up to 25% on its packages effective March 1, 2025, citing inflation and operational costs—a move that triggered regulatory scrutiny and consumer backlash.
