Abuja, Nigeria — A Federal High Court sitting in Abuja has scheduled May 8 for its ruling on the case between MultiChoice Nigeria Limited and the Federal Competition and Consumer Protection Commission (FCCPC).
Justice James Omotosho fixed the date after legal representatives from both sides presented their final arguments and adopted their written submissions.
Recently, the court issued an order restraining the FCCPC from taking any regulatory action against MultiChoice over its decision to increase subscription prices for its DStv and GOtv services. This order followed a request by the company, which sought legal protection from potential sanctions by the regulatory body.
During the latest hearing, the court granted the FCCPC additional time to formalize its legal filings and allowed MultiChoice to withdraw its earlier request for an interlocutory injunction, as the circumstances surrounding it had changed.
Arguing in favor of MultiChoice, lead counsel Moyosore Onigbanjo (SAN) contended that the central issue in the case was whether the FCCPC had the legal authority to regulate the pricing of the company’s services. While acknowledging the Commission’s oversight role, he asserted that the law establishing the FCCPC did not empower it to dictate service prices or restrict businesses from adjusting their rates.
He further pointed out that a previous legal dispute between MultiChoice and the FCCPC had already clarified that the Commission lacked the authority to control prices, a power that resides solely with the President of Nigeria. However, he noted that the current administration has expressed a policy stance against price controls, allowing market forces to determine costs.
Additionally, MultiChoice accused the FCCPC of discriminatory practices, arguing that other businesses in Nigeria have adjusted their prices in response to inflation and economic conditions without interference, yet the Commission has chosen to target only MultiChoice. The company, therefore, urged the court to grant its requests as outlined in the case file, FHC/ABJ/CS/379/2025.
In response, lead counsel for the FCCPC, Prof. Joe Agbugu (SAN), urged the court to first consider the basis of the dispute—the price hike for DStv and GOtv subscriptions. He revealed that after MultiChoice announced its new pricing structure on February 25, the Commission contacted the company, requesting a meeting on February 27. MultiChoice, however, sought a postponement until March 6, prompting the FCCPC to instruct the company to temporarily halt the price increase.
Agbugu clarified that the Commission was not attempting to set or regulate prices but rather to investigate whether the new rates were exploitative or constituted an abuse of market dominance. He argued that the FCCPC has the legal mandate to protect consumers from excessive pricing and to prevent companies with a dominant market position from imposing unfair costs.
He emphasized that MultiChoice, as a major player in Nigeria’s entertainment industry, holds a dominant position in the market, making it subject to scrutiny for potential pricing abuses. According to Agbugu, the Commission’s goal is not to dictate exact pricing but to ensure that prices remain fair and justifiable. He further accused MultiChoice of attempting to evade regulatory oversight by seeking judicial intervention.
Addressing the company’s claim of being unfairly targeted, Agbugu argued that entities in dominant market positions could be singled out for investigation if there were concerns about excessive pricing.
He urged the court to dismiss the lawsuit, stating that it directly challenges the FCCPC’s core responsibility of consumer protection. He further called for MultiChoice to return to the Commission for a thorough review of its pricing decisions.
The court is expected to deliver its final judgment on May 8.
By Enoch Odesola | March 28, 2025
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