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Abuja Appeal Court to determine scope of FCCPC powers on pay-TV pricing.
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MultiChoice seeks to overturn suit dismissal; FCCPC files cross-appeal.
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Nigerians brace for impact as price hike dispute drags on.
MultiChoice Nigeria and the Federal Competition and Consumer Protection Commission (FCCPC) have filed separate appeals at the Abuja Court of Appeal over the controversial price increases of DStv and GOtv services.
The appeals follow a May 8, 2025 ruling by Justice James Omotosho of the Federal High Court, which dismissed MultiChoice’s challenge to FCCPC’s regulatory action against its subscription hike.
MultiChoice Contests Dismissal
Represented by Senior Advocate of Nigeria, Moyosore Onigbanjo, MultiChoice filed a three-ground appeal arguing that the Federal High Court erred in dismissing its suit instead of striking it out.
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Onigbanjo stressed that striking out the case would have preserved MultiChoice’s right to refile if needed. The appeal also seeks affirmation of the company’s right to determine prices in Nigeria’s free-market economy and a reversal of the lower court’s decision limiting FCCPC’s regulatory powers.
FCCPC Fires Back
In a cross-appeal dated June 13, 2025, FCCPC’s counsel, Prof. Joseph Abugu (SAN), faulted the court for ruling that the Commission lacked authority to issue interim directives against price hikes before completing investigations.
The Commission argued that under Section 17(s) of the Federal Competition and Consumer Protection Act (FCCPA), it has the power to prevent “unscrupulous exploitation” and curb dominant market abuse.
It maintained that MultiChoice’s repeated subscription increases demonstrated a pattern of anti-consumer behaviour, which FCCPC had a duty to regulate.
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Pending Judgment
Justice Omotosho had ruled that only the President, or an agency acting under presidential delegation, has constitutional authority to regulate prices. He criticised FCCPC for issuing directives without first concluding its investigations.
Until the Appeal Court delivers its judgment or grants a stay of execution, the Federal High Court ruling remains in force.
MultiChoice’s March 1, 2025 price hike, citing inflation and operational costs, has drawn widespread criticism from Nigerian subscribers. This increase came less than a year after a similar adjustment in May 2024.
