Tag: MultiChoice

The Federal High Court in Abuja has fixed judgment for May 8 in a suit by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC).

Justice James Omotosho adjourned after lawyers to the parties adopted their written arguments and made final submissions.

MultiChoice seeks to prevent the FCCPC from sanctioning it for recently increasing subscription fees for its DStv and Gotv services.

Yesterday, the court granted FCCPC’s request for an extension of time to regularise the documents it filed.

The court allowed the plaintiff to withdraw its application for interlocutory injunction which was said to have been overtaken by events.

Arguing the plaintiff’s case, its lawyer, Moyosore Onigbanjo (SAN) noted that the bone of contention was “whether the defendant has the right to control the price at which the plaintiff offers its services to the public.”

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Onigbanjo acknowledged the regulatory powers of the FCCPC, but argued that the Act establishing the agency did not confer on it the powers to regulate prices or prevent anyone, including the plaintiff, from adjusting its prices.

The plaintiff’s lawyer added that the issue of whether the defendant could regulate price had earlier been litigated upon by both parties.

He recalled that the tribunal held that the FCCPC has no powers to regulate the prices of goods and services in the country, except for the President.

Onigbanjo argued that even the President, who is clothed with the powers to regulate prices, has maintained “that his government does not believe in price control” but, that prices are determined by market forces of demands and supplies.

He added that if the FCCPC has no powers to control price, where then can it obtain the powers to prevent the plaintiff from increasing price?

Onigbanjo accused the FCCPC of discrimination, noting that all businesses in the country have been increasing prices in line with existing economic conditions and inflation without the defendant raising an eyebrow, save with the plaintiff.

He then prayed the court to grant all the reliefs sought in the suit marked: FHC/ABJ/CS/379/2025.

In a counter-argument, FCCPC’s lawyer, Prof, Joseph Abugu (SAN) urged the court to first address the cause of action; which is the issue of an increase in the price of DStv and GOtv.

Abugu said his client, on February 25, wrote the plaintiff after it announced a price increase effective from March 1, 2025.

He added that MultiChoice was summoned to appear before the FCCPC on February 27, but wrote that it was not convenient and proposed March 6.

Abugu said his client then said that in the interim the plaintiff should hold on with the price increment.

He stated that there was no issue of price regulation or fixing at the time the case was filed in court.

The lawyer to the defendant said the statute establishing the FCCPC, gave it “powers to check exorbitant pricing” and also powers to “regulate abuse of dominant position in the market” as it relates to prices and passing of cost to the consumer.

“The plaintiff occupies a dominant position in the television and entertainment”, Agbugu claimed, adding that the case before the court is not of price regulation but the powers of the Commission to investigate prices that are deemed exploitative and abuse of dominant position.”

“The commission is not to tell you to use price A or B but to determine that the price is exploitative” he said, “they ran away to be investigated over their planned action.

“Our action is not about price fixing; the issue is about whether the price is exorbitant…the mandate of the Commission is to protect the consumer.”

On the plaintiff’s claim of discrimination, Abugu argued that the plaintiff’s alleged abuse of its dominant position qualified it to be singled out for exorbitant pricing.

He then urged the court to strike out the suit or dismiss it because it attacks the major task of the defendant, which is to protect the consumers.

Abugu added: “The suit should be dismissed and the plaintiff returned to us for investigation.”

The Federal Competition and Consumer Protection Commission (FCCPC) has directed MultiChoice Nigeria to maintain its current pricing for DStv and GOtv pending the conclusion of an inquiry into its proposed price hike. 

Despite this directive, MultiChoice proceeded with its price increase on March 1, 2025, prompting the FCCPC to take legal action against the company and its Chief Executive Officer, John Ugbe.

The commission has accused them of violating regulatory directives, obstructing an ongoing investigation, and breaching the Federal Competition and Consumer Protection Act (FCCPA) 2018. 

The FCCPC has filed charges at the Federal High Court, Lagos Judicial Division, on three counts: willfully obstructing the Commission’s inquiry by enforcing the price hike against directives (Section 33(4)), impeding an ongoing investigation (Section 110), and misleading the Commission by implementing the increase without objection (Section 159(2)), punishable under Section 159(4)(a) and (b). 

In a statement, the FCCPC Director of Corporate Affairs, Ondaje Ijagwu, condemned MultiChoice’s actions as a deliberate attempt to undermine regulatory authority, disrupt market fairness, and deny Nigerian consumers their legal protections.

Read Also: FCCPC files charges against MultiChoice over subscription price hike

He said, “This is by disregarding the FCCPC’s directive and implementing the price hike before appearing before the Commission’s investigative hearing on March 6, 2025. MultiChoice has not only flouted regulatory processes but also demonstrated a pattern of conduct that undermines consumer rights and fair competition.

“In addition to these legal actions, the FCCPC is reviewing further enforcement measures, including sanctions, penalties, and regulatory interventions, to ensure compliance and accountability.”

He assured that the FCCPC is committed to protecting Nigerian consumers from exploitative business practices and ensuring that dominant players in any sector adhere to fair market principles and legal compliance.

The Federal Competition and Consumer Protection Commission (FCCPC) has filed charges against MultiChoice Nigeria Limited and its Chief Executive Officer, John Ugbe, for defying regulatory directives to suspend a planned subscription price hike.

The FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, disclosed this in a statement on Wednesday.

On February 27, the FCCPC ordered MultiChoice to suspend its proposed price increase for DStv and GOtv services pending the outcome of an ongoing investigation. However, the company proceeded with the price adjustments on March 1, disregarding the directive.

The regulator stated that the charges, filed at the Federal High Court in Lagos, are based on three counts: obstructing the Commission’s inquiry, failing to comply with regulatory directives, and attempting to mislead the regulatory body

The statement read in part: “Following the blatant disregard for regulatory oversight, the FCCPC has filed charges against MultiChoice Nigeria and John Ugbe at the Federal High Court, Lagos Judicial Division, on three counts of offences under the FCCPA 2018.

“Specifically for willfully obstructing the Commission’s inquiry by implementing a price hike contrary to directives (Section 33(4)), impeding the ongoing investigation by ignoring instructions to suspend the hike (Section 110), and attempting to mislead the Commission by proceeding with the increase without objection (Section 159(2), punishable under Section 159(4)(a) and (b)).”

The FCCPC described MultiChoice’s actions as a deliberate attempt to undermine regulatory authority, disrupt market fairness, and deny Nigerian consumers the protection guaranteed under the law.

“By disregarding the FCCPC’s directive and implementing the price hike before appearing before the Commission’s investigative hearing on March 6, 2025, MultiChoice has not only flouted regulatory processes but also demonstrated a pattern of conduct that undermines consumer rights and fair competition,” the statement added.

Read Also: Reps ask MultiChoice to halt planned increase in DStv, GOtv subscriptions

Beyond legal action, the FCCPC is also considering additional enforcement measures, including sanctions and regulatory interventions, to ensure compliance and accountability.

Earlier, MultiChoice had informed customers of the impending price review, effective March 1, 2025, citing rising costs of delivering premium content.

In a notice titled “Price Adjustments for DStv and GOtv Packages,” the company stated:

“Dear Customer, please note that effective March 1, 2025, there will be a price adjustment on all DStv packages. This is to enable us to continue offering our customers world-class homegrown and international content, delivered through the best technology.”

While the Compact Plus and Premium packages will remain at N30,000 and N44,500, respectively, the DStv Compact package is among the subscriptions affected by the price increase.