…As court affirms commission’s power to investigate exploitation
From Atiku Sarki, Abuja
The Federal High Court in Abuja on Thursday struck out a suit filed by MultiChoice Nigeria Limited, which sought to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from investigating its recent subscription hikes for DStv and GOtv services. The court described the suit as an abuse of court process.
In a statement issued in Abuja by the Commission’s Director of Corporate Affairs, Ondaje Ijagwu, it was revealed that Justice James Omotosho ruled the suit was duplicative and improper, as a similar case involving the same parties was already pending before another court. As a result, the court struck out the application in its entirety.
It will be recalled that MultiChoice had defied the FCCPC’s invitation in February and went ahead to increase subscription fees—barely eight months after a previous hike. Instead of responding to regulatory inquiries, the pay-TV company approached the court to bar the Commission from probing the rationale behind its repeated price increases.
In his ruling, Justice Omotosho also affirmed key provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018 regarding price regulation and the Commission’s mandate.
The FCCPC’s legal team was led by Prof. Joseph Abugu (SAN), while MultiChoice was represented by Mr. J. Onigbanjo (SAN).
The court upheld that Section 88 of the FCCPA vests the President of the Federal Republic of Nigeria with the authority to regulate the prices of goods and services when necessary, and that this power may be delegated to relevant agencies, including the FCCPC.
Furthermore, under Section 17 of the FCCPA, the Commission is empowered to investigate exploitative pricing practices and submit its findings and recommendations to the President to guide policy decisions on price regulation.
Justice Omotosho also confirmed that once specific goods or services are declared subject to price regulation by the President, the FCCPC holds full authority to enforce such directives.
Reacting to the ruling, the Executive Vice Chairman and Chief Executive Officer of the Commission, Mr. Tunji Bello, described the judgment as a victory for the rule of law and a critical step toward preventing procedural tactics that obstruct lawful regulatory oversight.
“This ruling sends a strong message that regulatory bodies cannot be undermined by procedural roadblocks when carrying out their lawful mandate to promote fairness, transparency, and accountability in the marketplace,” Bello stated.
He further assured consumers that the Commission remains committed to investigating and addressing exploitative pricing and other anti-consumer practices in accordance with the FCCPA 2018.