Court Backs MultiChoice on DStv & GOtv Price Hike, Says FCCPC Overstepped

 

A Federal High Court in Abuja has ruled in favour of MultiChoice Nigeria, giving the green light for the company to go ahead with its subscription price increases for DStv and GOtv. The court also made it clear that the Federal Competition and Consumer Protection Commission (FCCPC) went beyond its legal powers by trying to stop the price hike.

Delivering the judgment on Thursday, Justice James Omotoso said that only the President of Nigeria can approve or suspend prices through a gazetted order (an official government publication). Since the FCCPC didn’t present such an order in court, their action against MultiChoice was invalid.

This legal battle began after MultiChoice announced new subscription rates on February 24, with the changes taking effect from March 1. The increase, which came less than a year after the last one, upset many Nigerians. In response, the FCCPC invited MultiChoice’s CEO for a hearing on February 27, but the company asked for a new date—March 6. Despite FCCPC’s instruction to pause the price changes during its investigation, MultiChoice went ahead and filed a lawsuit on March 3.

On March 12, Justice Omotoso gave an order stopping the FCCPC from taking any action against MultiChoice while the case was still in court.

In his final ruling, Justice Omotoso stressed that Nigeria operates a free-market economy, meaning companies like MultiChoice have the right to set their own prices. He said the FCCPC was wrong to try to suspend the price hike without giving MultiChoice a fair hearing.

“The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,”
– Justice James Omotoso

He also said FCCPC’s claim that MultiChoice dominates the market was not backed by evidence and described it as “baseless.” The judge warned that actions like this from regulators can scare away investors and hurt the economy.

Justice Omotoso pointed out that MultiChoice’s services are not essential—they’re optional, and people can choose whether or not to subscribe.

“Consumers are free to accept or reject them,”
– Justice James Omotoso

Interestingly, the judge also mentioned that a similar case involving MultiChoice is already ongoing in another court. He called this new suit an “abuse of court process,” suggesting that MultiChoice should have joined the earlier case instead of filing a new one.

Despite that comment, this judgment is a major win for MultiChoice, setting a clear boundary on what the FCCPC can and cannot do when it comes to price control in Nigeria.