A Federal High Court in Abuja has upheld MultiChoice Nigeria’s controversial decision to increase subscription rates for its DStv and GOtv platforms, delivering a major blow to the Federal Competition and Consumer Protection Commission (FCCPC).
Justice James Omotoso ruled on Thursday that the FCCPC lacks the legal authority to suspend or fix prices unless specifically empowered by the President through an official gazetted order.
The judgment follows a heated legal clash that began after MultiChoice announced new subscription prices on 24 February, set to take effect from 1 March. The hike—less than a year after a previous increase—sparked public backlash, prompting the FCCPC to demand that the company halt the changes pending an investigation.
The Commission summoned MultiChoice’s CEO for a hearing on 27 February, but the firm requested a reschedule to 6 March. Ignoring the FCCPC’s directive, MultiChoice implemented the price increase and filed a lawsuit on 3 March, seeking to block regulatory interference.
On 12 March, the court granted an interim order preventing the FCCPC from taking any action against the company during the proceedings.
In his ruling, Justice Omotoso made it clear that only the President has the power to regulate prices—and no such directive had been issued to the FCCPC. “The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” he stated.
He added that Nigeria operates a free market economy where service providers are entitled to set prices, and consumers have the freedom to choose whether or not to pay.
The judge criticised the FCCPC’s approach, saying it violated MultiChoice’s right to a fair hearing and appeared to single out the company unfairly. He also dismissed claims that MultiChoice holds a dominant market position, arguing that its services are non-essential and discretionary.
Justice Omotoso warned that attempts by regulatory agencies to control prices without proper legal backing could scare off investors and destabilise the economy.
Interestingly, while siding with MultiChoice on the substance, the judge found the company’s legal action to be procedurally flawed, as similar proceedings were already pending in another court.
Still, the verdict delivers a clear message: in the absence of presidential authorisation, regulators like the FCCPC cannot dictate how businesses price their services.
