The Federal High Court in Abuja has scheduled May 8 for the judgment in the lawsuit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC).
Justice James Kolawole Omotosho set the date on Thursday after hearing arguments from both parties and their adoption of written addresses.
Previously, the court had issued a restraining order preventing the FCCPC from taking any administrative action against MultiChoice following the company’s price increase for its DStv and GOtv services. This order came in response to MultiChoice’s request for court protection against potential sanctions from the commission.
At the hearing on March 27, the court granted the FCCPC’s request for an extension of time to regularize its filings and allowed MultiChoice to withdraw its application for an interlocutory injunction, as it had been overtaken by events.
MultiChoice, represented by lead counsel Moyosore Onigbanjo (SAN), argued that the central issue in the case is whether the FCCPC has the authority to control the prices at which the company offers its services. While acknowledging the commission’s regulatory powers, Onigbanjo contended that the law establishing the FCCPC does not grant it the authority to regulate prices or prevent businesses from increasing them.
He pointed out that a previous tribunal ruling had affirmed that only the President of Nigeria has the legal authority to regulate prices of goods and services. Moreover, he noted that the current administration has stated that it does not support price control, preferring that prices be determined by market forces.
MultiChoice also accused the FCCPC of discriminatory practices, arguing that other businesses have been adjusting their prices in response to economic conditions without facing regulatory interference. The company urged the court to grant all the reliefs sought in the case, marked FHC/ABJ/CS/379/2025.
In response, the FCCPC’s lead counsel, Prof. Joe Agbugu (SAN), emphasized that the commission’s concern is not price regulation but rather the investigation of potentially exploitative pricing and abuse of market dominance.
Agbugu explained that after MultiChoice announced a price hike effective March 1, 2025, the commission wrote to the company on February 25, summoning it for a meeting on February 27. MultiChoice, however, requested a postponement to March 6. In the interim, the FCCPC advised the company to hold off on the price increase.
He argued that the FCCPC has the statutory power to investigate excessive pricing and prevent businesses from exploiting their dominant position in the market. While the commission does not dictate specific prices, it has the mandate to determine whether a price is exploitative and take action accordingly.
Following these arguments, Justice Omotosho announced that the court’s judgment will be delivered on May 8.
