Court throws out MultiChoice case against FCCPC over DStv, GOtv price hike — says market is free, but rules warn FCCPC over powers
On Thursday, May 8, the Federal High Court in Abuja dismissed a lawsuit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC) over its attempt to stop the company’s recent DStv and GOtv price increases.
In the ruling, Justice James Omotosho said MultiChoice’s case was an abuse of court process because the same issue was already being heard in another court. He stated that the company should have raised its concerns there instead of filing a new suit.
However, while the case was dismissed, the judge also criticized the FCCPC, noting that although the Commission has investigative powers, it does not have the legal authority to fix or freeze prices unless the President officially delegates that power through a gazetted order—and no such order was shown in court.
“The power to fix prices is exclusively that of the president. Any decision taken without such delegation is a nullity,” Justice Omotosho said.
He added that Nigeria runs a free market economy, and companies like MultiChoice have the right to set prices. Consumers, in turn, are free to choose whether or not to subscribe. He also ruled that FCCPC’s directive for MultiChoice to suspend its price hike violated the company’s right to a fair hearing.
The court further rejected the FCCPC’s claim that MultiChoice holds a dominant market position, saying:
“The use of services like those provided by the plaintiff is discretionary and not essential. Nigeria can do without it.”
Justice Omotosho warned that attempts by regulators to control prices without legal backing could scare off investors and damage the country’s economy.
Background to the case
In February 2025, the FCCPC had directed MultiChoice to hold off on its price increase for DStv and GOtv until an investigation into the move was completed. Despite this, MultiChoice went ahead with the new prices on March 1 and then went to court to prevent the FCCPC from taking any action against it.
The court granted MultiChoice an interim order on March 12, stopping the FCCPC from penalising the company while the case was ongoing.
MultiChoice’s legal team, led by Moyosore Onigbanjo, SAN, argued that the company had the right to set its prices. Meanwhile, the FCCPC, represented by J.E.O. Abugu, SAN, insisted that the company had ignored the legal process and hurt Nigerian consumers by increasing prices before facing its regulatory hearing.
In response to MultiChoice’s actions, the FCCPC said it was also reviewing additional enforcement steps, including sanctions and penalties. It later filed a three-count charge against MultiChoice and its CEO, John Ugbe, at the Federal High Court in Lagos, accusing them of breaking parts of the FCCPC Act, 2018.
The case reflects ongoing tension between private businesses and regulatory agencies in Nigeria over market control, consumer protection, and investment freedom.
