The Federal High Court in Abuja has dismissed a suit filed by MultiChoice Nigeria on grounds that it’s an abuse of court processes.
Multi-choice Nigeria had approached the court seeking the determination of the court whether, by section 17a of the FCCPC Act, the FCCPC has the powers to direct or issue an order restraining them from increasing their prices and If the FCCPC directives to Multichoice is not discriminatory and in violation of section 42 of the Constitution.
The FCCPC had filed a counter affidavit stating that there is an existing suit with the same subject matter at the Lagos state division of the court.
The trial judge Justice James Omotosho, in a short ruling, held that filing the suit is an abuse of court processes and duplicity of actions.
The court held that, the issues raised here can be dealt with in the suit filed in Lagos as the rule of law allows for a counterclaim, although the suit in Lagos was filed by the FCCPC, MultiChoice can counterclaim.
Justice Omotosho held that the Plaintiff could have ventilated its grievances in the previous suit without filing this instant suit.
The court went further to determine if the FCCPC has the powers to restrain Multi choice from price hike, maintaining that the FCCPC can not suspend price hike, as the Nigerian economy is a free market economy.
The court noted that It is only the president that can set price ceiling on commodities under section 88 of the FCCPC Act and If the president wants to fix price it will be on an entire industry not on a single player.
If the price of regulated goods and services are fixed by the president, then the FCCPC has the power to enforce.
The court further held that there are no instruments before the court delegating section 88 of the FCCPC Act to any one, price fixing is totally out of the powers FCCPC, as Multi chioce belongs to a non regulated industry.
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The trial Judge went on to say that Multi choice is not the only player in it’s industry, there are options of other service providers like Startimes and Netflix and there is nothing to show before the court that Multi choice price charge is excessive.
Finally the trial Judge held that the FCCPC can investigate and report to the president , who may exercise his powers under section 88 of its Act.
MultiChoice had increased subscription rates by up to 25% on March 1, 2025, citing inflation and operational cost pressure, but the FCCPC opposed the move, calling for regulatory review and threatening sanctions, prompting the legal challenge.
(Editor : Ena Agbanoma)
