A Federal High Court in Abuja has dismissed Multichoice’s suit against the Federal Competition and Consumer Protection Commission (FCCPC), which sought to stop the company’s planned price hike.
Delivering judgment on Thursday, Justice James Omotosho ruled that the suit was an abuse of court process, noting it was filed after a similar case by Festus Onifade—also involving Multichoice and the FCCPC—was already pending.
Omotosho pointed out that instead of filing a new suit, Multichoice could have counterclaimed in the existing case. He declined jurisdiction and dismissed the matter.
However, in addressing the case’s merit, Justice Omotosho clarified that under Nigeria’s free market system, the FCCPC has no authority to regulate private companies’ pricing. He stressed that only the president, under Section 88 of the FCCPA, can regulate prices—and only in specific sectors and for essential goods, which doesn’t apply to pay-TV services like Multichoice.
The judge concluded that consumers have alternatives, and the FCCPC cannot dictate pricing in such cases.
