Court Rules FCCPC Lacks Power to Fix Prices Without Presidential Directive

• The Federal High Court in Abuja has dismissed a suit filed by MultiChoice Nigeria, parent company of DStv and GOtv, challenging the FCCPC’s intervention in its recent subscription price hike.

• The court ruled that the FCCPC lacks authority to fix or suspend prices without presidential delegation, citing Nigeria’s free market system.

The Federal High Court in Abuja has dismissed a suit filed by MultiChoice Nigeria, the parent company of DStv and GOtv, challenging the Federal Competition and Consumer Protection Commission’s (FCCPC) intervention in its recent subscription price hike.

In a judgment delivered on Thursday, Justice James Kolawole Omotoso held that the suit constituted an abuse of court process, as similar proceedings were already pending elsewhere.

Justice Omotoso noted that while the FCCPC has investigative powers under its establishing Act, it lacks the authority to fix or suspend prices unless specifically delegated by the President through a gazetted instrument.

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“In this instant case, no such delegation from the President was presented to the court. The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” he stated.

The judge added that Nigeria operates a free market system, and service providers like MultiChoice retain the right to set their prices, with consumers free to accept or reject them.

He further ruled that FCCPC’s actions, including directing MultiChoice to suspend its price increase, breached the company’s right to fair hearing and appeared selectively targeted.

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MultiChoice had increased subscription rates by up to 25% on March 1, 2025, citing inflation and operational cost pressures. The FCCPC opposed the move, calling for regulatory review and threatening sanctions, prompting the legal challenge.

The court held that while the FCCPC may investigate market practices, it cannot impose price controls without proper legal backing.