The Federal High Court in Abuja has dismissed a lawsuit filed by MultiChoice Nigeria Limited that sought judicial backing for its recent subscription price increases on DStv and GOtv platforms.
Delivering judgment on Thursday, Justice James Omotosho ruled that the suit constituted an abuse of court process. The decision follows a prior interim order by the same court temporarily restraining the Federal Competition and Consumer Protection Commission (FCCPC) from taking action against the pay-TV provider over the planned price adjustments.
MultiChoice had initiated the legal action—case number FHC/ABJ/CS/379/2025—through its lead counsel, Moyosore Onigbanjo (SAN), after the FCCPC continued to issue cease-and-desist letters and threatened regulatory sanctions despite ongoing court proceedings.
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Legal Battle Over Pricing Authority
Earlier this year, the FCCPC summoned MultiChoice’s Chief Executive Officer to appear at an investigative hearing scheduled for February 27, 2025. The Commission expressed concerns about the frequency of MultiChoice’s price hikes, potential abuse of market dominance, and anti-competitive behavior.
The pay-TV company responded by filing a lawsuit, seeking an injunction to bar the FCCPC from prosecuting or sanctioning it over a letter dated March 3, 2025, which it claimed breached its right to fair hearing. Onigbanjo argued that in Nigeria’s free-market system, companies are not required to seek regulatory approval before adjusting service fees.
He maintained that “the FCCPC Act does not empower the Commission to regulate or fix prices” and emphasized that the country operates on the principles of a free-market economy.
However, FCCPC’s counsel, Prof. Joe Agbugu (SAN), countered that the Commission’s actions were rooted in its lawful mandate to prevent market abuse and protect consumers. Agbugu also clarified that the issue was not about regulating prices per se but about investigating dominant market behavior that may harm consumer interests.
Court Ruling and Observations
Justice Omotosho, after hearing arguments from both sides, reserved his decision until May 8. In his ruling, he acknowledged that although FCCPC had raised concerns over a missing pre-action notice, the Commission waived that right by not raising it earlier in the proceedings.
The judge also noted that a similar case on MultiChoice’s pricing was already pending before another division of the court, filed by lawyer Festus Onifade. He stated, “This is an abuse of court process… The plaintiff in this instant suit could have ventilated his grievance before the previous pending suit.”
Despite this finding, Omotosho went further to address the broader legal implications of price regulation. While acknowledging the FCCPC’s consumer protection role, he stressed that the Commission overstepped its authority by issuing a suspension directive before conducting a proper investigation.
“FCCPC is not vested with the power to suspend the price hike of an entity before conducting an investigation,” he ruled.
He reiterated that under Nigerian law, only the President has the authority to regulate prices, stating: “FCCPC only has an advisory role on the issue of price fixing.” He emphasized that such powers can only be delegated by the President through a formal instrument, and any price control must apply industry-wide—not to a single company.
The judge said, “Prices cannot be regulated in a free market economy. Attempt to fix prices will only scare investors away.” He also highlighted that the Commission appeared to be singling out MultiChoice unfairly while ignoring pricing trends of other pay-TV platforms and digital content providers like YouTube.
Court Conclusion
Although Omotosho found that the FCCPC had acted beyond its legal bounds in ordering a halt to MultiChoice’s price increases, he ultimately dismissed MultiChoice’s suit, reaffirming it as an abuse of court process due to the pending similar case.
Background on the Price Increases
MultiChoice had informed subscribers of a new pricing regime effective March 1, 2025, sparking widespread public concern. The changes included:
• DStv Compact: N15,700 to N19,000 (25% increase)
• DStv Compact Plus: N25,000 to N30,000 (20% increase)
• DStv Premium: N37,000 to N44,500 (20% increase)
• GOtv Supa Plus: N15,700 to N16,800
These hikes followed a similar adjustment in May 2024, which MultiChoice attributed to inflation and rising operational costs. The latest round of price increases prompted regulatory scrutiny and legal action from the FCCPC.
In court, Onigbanjo defended MultiChoice, arguing that the company was being unfairly targeted while other platforms also adjusted pricing due to economic realities.
The FCCPC, meanwhile, is pursuing its own case at a Lagos High Court, accusing the company of breaching regulatory orders and obstructing an ongoing investigation.
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