Court Dismisses MultiChoice’s Case Against FCCPC, Upholds Company’s Right To Set Prices

The Federal High Court in Abuja has thrown out a lawsuit filed by MultiChoice Nigeria, the owners of DStv and GOtv, against the Federal Competition and Consumer Protection Commission (FCCPC).

The company had gone to court to challenge the FCCPC’s interference in its recent subscription price increase.

Justice James Omotosho ruled that the case should not have been filed in Abuja since a similar case was already ongoing in Lagos.

He described it as an abuse of court process and said MultiChoice should have continued its argument in the Lagos court instead.

The judge clarified that while the FCCPC has the right to investigate companies under its laws, it does not have the authority to freeze or regulate prices—unless the President gives it that power through an official notice.

Justice Omotosho noted that no such delegation of presidential authority was shown in this case.

He emphasized that Nigeria runs a free market economy, meaning companies like MultiChoice are allowed to set their own prices.

Customers, he added, are free to choose whether or not to pay for those services.

The judge also said the FCCPC overstepped its authority by ordering MultiChoice to suspend its price increase without proper investigation or a fair hearing.

Justice Omotosho ruled that this directive violated the company’s rights and seemed to unfairly single out MultiChoice.

He also rejected the FCCPC’s claim that MultiChoice had a dominant market position, stating that services like DStv and GOtv are not essential, and people in Nigeria can live without them.

Justice Omotosho warned that allowing regulatory bodies to fix prices without legal backing could drive away investors and harm the economy.

He said only the President has the legal power to regulate or control prices in Nigeria—and even then, it must apply to an entire industry, not just one company.

The judge also pointed out that in 2022, the Competition and Consumer Protection Tribunal had ruled that MultiChoice had the right to set its prices, and that customers had the option to switch to other platforms if they were unhappy.

In his final comments, Justice Omotosho noted that the FCCPC seemed to be focusing too heavily on MultiChoice while overlooking the pricing strategies of other pay-TV services and online platforms like YouTube.

MultiChoice had raised its subscription rates by up to 25% on March 1, 2025, citing inflation and rising operational costs. The FCCPC opposed the move and threatened sanctions, which led to the court battle.

KanyiDaily recalls that a Competition and Consumer Protection Tribunal (CCPT) had previously fined Multichoice Nigeria N150 million for challenging the court’s authority.