The Federal High Court in Abuja has set a date for judgment in the lawsuit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC).
Justice James Kolawole Omotosho scheduled the judgment for May 8, after the parties involved presented and argued their written addresses during the hearing on Thursday.
Previously, the court had issued a restraining order against the FCCPC, preventing the Commission from taking any “administrative steps” against MultiChoice following a price increase for its DStv and GOtv services. This order came after MultiChoice sought the court’s intervention to protect it from potential sanctions by the FCCPC.
At the hearing on March 27, the court granted the FCCPC’s request for more time to regularize its processes and allowed MultiChoice to withdraw its application for an interlocutory injunction, which had become irrelevant due to changes in the situation.
In his argument, MultiChoice’s lead counsel, Moyosore Onigbanjo SAN, emphasized that the central issue was whether the FCCPC had the authority to regulate the prices at which the company offers its services. He acknowledged the Commission’s regulatory powers but argued that the FCCPC was not empowered by the Act establishing it to control prices or prevent businesses, including MultiChoice, from raising their prices.
Onigbanjo also referred to previous legal rulings, pointing out that a Tribunal had ruled that the FCCPC lacks the power to regulate prices, and that only the President of Nigeria holds such authority. Furthermore, he argued that even the President has expressed a stance against price control, allowing prices to be determined by market forces.
The Plaintiff’s lawyer also pointed out that the FCCPC’s interference with MultiChoice’s price increase was discriminatory, as other businesses in the country had been raising their prices in line with economic conditions without facing any objections from the Commission.
In response, the lead counsel for the FCCPC, Prof. Joe Agbugu SAN, stated that the Commission’s concern was not about price regulation but whether the price increase was excessive. He revealed that the FCCPC had written to MultiChoice on February 25, after the company announced its price hike for March 1, 2025, and summoned them for a meeting. Agbugu argued that the FCCPC had the power to scrutinize prices deemed exploitative or abusive, especially given MultiChoice’s dominant position in the television and entertainment market.
He clarified that the Commission was not attempting to fix prices but to investigate whether the price increase could be considered exploitative, in line with its mandate to protect consumers.
After hearing both sides, Justice Omotosho announced that judgment would be delivered on May 8.
