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The Federal High Court in Abuja has dismissed a lawsuit filed by MultiChoice Nigeria Limited, which sought to stop the Federal Competition and Consumer Protection Commission (FCCPC) from investigating recent increases in subscription prices for DStv and GOtv services.
The commission disclosed this Thursday in a statement signed by the Director, Corporate Affairs, Ondaje Ijagwu.
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Justice James Omotosho struck out the case, describing it as an abuse of court process. He said the suit was improper as a similar matter involving the same parties is already pending before another court.
The court’s ruling clears the way for the FCCPC to continue its investigation into the pricing practices of the pay-TV company.
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The issue started on 24 February, when MultiChoice announced it would raise DStv and GOtv subscription prices from 1 March. The move, coming less than a year after a similar increase, drew public criticism from Nigerians who had constantly decried such a hike, leading the FCCPC to step in.
The Commission summoned MultiChoice’s chief executive to appear on 27 February for an investigative hearing. The company replied that the date was not suitable and instead proposed 6 March.
FCCPC also asked MultiChoice to delay the price hike while the investigation was ongoing. But the company went ahead with the increase and filed a lawsuit against the commission on 3 March.
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On 12 March, the court granted an interim order stopping the FCCPC from taking any action against MultiChoice until the case was heard.
The commission said the ruling “affirms the rule of law and a significant step towards curbing procedural tactics aimed at obstructing lawful regulatory oversight.”
“It sends a clear message that regulatory agencies will not be hindered by procedural roadblocks when exercising their lawful mandate to ensure fairness, transparency, and accountability in the marketplace,” said the Executive Vice Chairman and Chief Executive Officer of the Commission, Tunji Bello.
READ ALSO: Tariff Hike: Court sets date for judgement in MultiChoice’s suit against FCCPC
“Nigerian consumers can be assured that the Commission is fully committed to investigating and addressing exploitative pricing and other anti-consumer practices, in line with the provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018,” he added.
Justice Omotosho also upheld key provisions of the FCCPA 2018, including Section 88, which allows the President to regulate the prices of goods and services and to delegate this power to agencies such as the FCCPC.
The judge further noted that Section 17 of the Act empowers the Commission to investigate exploitative pricing and submit findings to the President, especially where such goods or services have been declared subject to price regulation.
The FCCPC’s legal team was led by Joseph Abugu, a SAN, while J Onigbanjo, SAN, represented MultiChoice.
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