Justice James Omotosho of the Federal High Court, Abuja, has dismissed a suit filed by MultiChoice Nigeria, owners of DStv and GOtv, challenging the Federal Competition and Consumer Protection Commission’s (FCCPC) opposition to its recent subscription price hike.

The judge emphasised that although the FCCPC has powers to investigate anti-competitive and anti-consumer practices, it cannot regulate prices without explicit presidential authorisation.

In his ruling, Justice Omotosho described the suit as an abuse of court process, noting that a similar case was already ongoing in a Lagos court. He held that the plaintiff should have pursued its claims in that jurisdiction.

While affirming the FCCPC’s investigative mandate under its enabling Act, the judge ruled that the Commission lacks the power to fix or suspend prices unless such authority is delegated by the President through a gazetted instrument—none of which was provided to the court.

He reiterated that Nigeria operates a free market economy, allowing service providers like MultiChoice to determine their prices, while consumers retain the right to accept or reject them.

The court found that the FCCPC’s directive asking MultiChoice to suspend its price increase violated the company’s right to fair hearing and appeared to be selectively enforced. Justice Omotosho further ruled that the Commission’s claim that MultiChoice holds a dominant market position was unsubstantiated.

He added that pay-TV services are non-essential, and Nigerians can choose alternative platforms. Attempts by regulatory bodies to impose price controls, he warned, could deter investors and damage the economy.

MultiChoice had increased subscription rates by up to 25% on 1 March 2025, citing inflation and rising operational costs. The FCCPC opposed the move and threatened sanctions, prompting the legal challenge.

Justice Omotosho stressed that the President alone has the constitutional power to set prices or establish a price control board, and any delegation of this authority must be done through a formal instrument. He ruled that MultiChoice’s subscription fees could not be arbitrarily restrained unless ordered by the President, in accordance with the law.

He also pointed to a 2022 ruling by the Competition and Consumer Protection Tribunal which affirmed MultiChoice’s right to adjust prices, noting that consumers are at liberty to explore other pay-TV services, including online platforms such as YouTube.