BREAKING: Court Sets May 8 for Judgment in MultiChoice vs. FCCPC Price Regulation Suit

Justice James Omotosho of the Federal High Court, Abuja, has fixed May 8 for judgement in a suit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC).

Omotosho fixed the date for judgement on Thursday, shortly after lawyers representing parties adopted and argued their written addresses for and against the suit.

Recall that the court had some days back restrained FCCPC from taking “any administrative steps” against the plaintiff following increase in the service price of two of its brands, DStv and GOtv.

The restraining order was sequel to a formal request by MultiChoice seeking the court’s protection from planned sanction by FCCPC over the increase in price of DStvand GOtv.

At the resumed hearing on Thursday, the court granted the commission’s request for extension of time to regularise its processes and also allowed the plaintiff to withdraw its application for interlocutory injunction, which had been overtaken by events.

Arguing its case, MultiChoice through, its lead counsel, Onigbanjo, submitted that the bone of contention was “whether the defendant have the right to control the price at which the plaintiff offers its services to the public”.

While acknowledging the regulatory powers of the commission, the senior lawyer argued that the Act establishing FCCPC did not confer on it the powers to regulate price or prevent anyone, including the plaintiff, from increasing its prices.

Onigbanjo stated that the issue of whether the defendant could regulate price had been litigated before between the two parties. He added that the tribunal had held that the commission has no powers to regulate prices of goods and services in the country, except the President of the Federal Republic of Nigeria.

The plaintiff’s lawyer also submitted that even the president, who was clothed with the powers to regulate prices, had maintained “that his government does not believe in price control” but, that prices were determined by market forces of demand and supply.

The plaintiff, in addition, submitted that if FCCPC had no powers to control price, “where does he have the powers to prevent the plaintiff from increasing price.”

MultiChoice subsequently accused the commission of discrimination, stating that all businesses in the country have been increasing their prices in line with economic conditions and inflation without the commission raising an eyebrow, save with the plaintiff.

He urged the court to grant all the reliefs sought in the suit marked: FHC/ABJ/CS/379/2025.

However, in adopting his counter affidavit in opposition to the suit, lead counsel for the defendant, Professor Joe Agbugu, SAN, urged the court to first address the cause of action; which was the issue of increase in the price of DStv and GOtv.

Agbugu disclosed that the commission, on February 25, wrote the plaintiff after it announced price increase effective from March 1, 2025.

The senior lawyer said MultiChoice was summoned to appear before the commission on February 27, but “they wrote that it was not convenient and proposed March 6. We then said that in the interim they should hold on with the price increment.”

Agbugu further stated, “There was no issue of price regulation or fixing as at the time the action commenced.”

Besides, he stated that the statute establishing FCCPC gave it “powers to check exorbitant pricing” and also powers to “regulate abuse of dominant position in the market” as it related to prices and passing of cost to the consumer.

“The plaintiff occupies a dominant position in the television and entertainment,” Agbugu stated.

He added that the case before the court was not price regulation but the powers of the commission to investigate prices that were deemed exploitative and an abuse of dominant position.

“The commission is not to tell you to use price A or B but to determine that the price is exploitative,” he said.

Agbugu argued, “Our action is not about price fixing; the issue is about whether the price is exorbitant…the mandate of the commission is to protect the consumer.”

Reacting to the claim of discrimination, the defendant’s lawyer, submitted, “Abuse of dominant position qualified them to be singled out for exorbitant pricing.”

Agbugu urged the court to strike out the suit and dismiss it because it attacked the major task of the commission – protecting consumers.

“The suit should be dismissed and the plaintiff returned to us for investigation,” he added.

Responding, Omotosho announced that “judgment is reserved to May 8”.

Recall that MultiChoice had informed its customers about a planned price increase across its DStv and GOtv packages, set to take effect on March 1, 2025.

Under the proposed adjustment: DStv Compact bouquet would rise from N15,700 to N19,000 (25 per cent increase); Compact Plus package would go up from N25,000 to N30,000 (20 per cent hike); DStv Premium plan, the highest-tier package, would increase from N37,000 to N44,500 (20 per cent increment); and GOtv subscribers would also be affected, with the Supa Plus plan rising from N15,700 to N16,800, among other adjustments.

In response to the planned increases, FCCPC summoned MultiChoice Nigeria to provide explanations regarding the price review.

FCCPC later sued the pay-TV company at a Lagos High Court over alleged violations of regulatory directives and obstruction of an ongoing inquiry.