…affirms commission’s mandate to investigate exploitative pricing under FCCPA
The Federal High Court in Abuja has upheld the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to investigate MultiChoice Nigeria Limited over recent subscription price hikes for its DStv and GOtv services.
In a ruling delivered by Justice James Omotosho, the court struck out the suit filed by MultiChoice, describing it as an abuse of the court process. The company had approached the court seeking to restrain the FCCPC from probing its repeated price increases, despite a pending suit on the same subject between the parties in another court.
The ruling, contained in a statement signed by Ondaje Ijagwu, Director of Corporate Affairs at the FCCPC, marks a victory for the Commission, which had invited MultiChoice for questioning in February following public outcry over yet another round of subscription hikes.
Read also: Federal High Court upholds MultiChoice’s autonomy, dismisses FCCPC’s suit on DStv pricing
Instead of honouring the invitation, MultiChoice sought to legally block the Commission from demanding an explanation for what the FCCPC described as “incessant” price increases. The court, however, dismissed this move in its entirety.
Justice Omotosho went further to affirm critical provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018, especially as it relates to price regulation and consumer protection.
Citing Section 88 of the Act, the court reiterated that the President of Nigeria holds the authority to regulate the prices of goods and services, and may delegate such powers to agencies like the FCCPC.
Furthermore, under Section 17, the Commission has the mandate to investigate exploitative pricing and submit recommendations to the President for further action.
The court also confirmed that once the President declares a product or service as subject to price regulation, the FCCPC has full authority to enforce such directives.
The FCCPC was represented by Joseph Abugu, while J. Onigbanjo led the legal team for MultiChoice.
Read also: FCCPC files charges against MultiChoice for violating regulatory directives
Reacting to the judgment, Tunji Bello, FCCPC Executive Vice Chairman/CEO, hailed the decision as a victory for the rule of law and consumer rights.
“It sends a clear message that regulatory agencies will not be hindered by procedural roadblocks when exercising their lawful mandate to ensure fairness, transparency, and accountability in the marketplace,” Bello said.
He assured the public that the Commission would continue to pursue investigations into exploitative pricing and other anti-consumer conduct, in strict adherence to the FCCPA.
“Nigerian consumers can be assured that the Commission is fully committed to investigating and addressing exploitative pricing and other anti-consumer practices, in line with the provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018,” he added.
