The Federal High Court in Abuja has dismissed a lawsuit filed by Multichoice Nigeria against the Federal Competition and Consumer Protection Commission (FCCPC), challenging the Commission’s attempt to halt the company’s planned subscription price increase.

 

Delivering judgment on Thursday, Justice James Omotosho ruled that the suit was an abuse of court process. He noted that the matter had already been brought before the same court in a separate case filed by one Festus Onifade, with both Multichoice and the FCCPC as parties.

 

Justice Omotosho emphasized that instead of filing a new suit, Multichoice could have addressed its concerns by filing a counterclaim within the already pending case. Consequently, the court declined jurisdiction and dismissed the suit.

 

Nonetheless, the judge proceeded to address the substantive issues raised. He held that Nigeria operates a free market economy, and as such, the FCCPC lacks the authority to interfere with private companies’ decisions on pricing.

 

Citing Section 88 of the Federal Competition and Consumer Protection Act, Justice Omotosho explained that only the President of the Federal Republic of Nigeria has the legal power to regulate prices—and only within regulated industries and for essential goods. He concluded that the services offered by Multichoice, where consumers have the liberty to choose, do not fall under this category.

 

“In a free market economy, the FCCPC has no business dictating how companies determine their pricing,” the judge stated.