MultiChoice Nigeria Limited and the Federal Competition and Consumer Protection Commission (FCCPC) have filed appeals at the Court of Appeal in Abuja, challenging aspects of a Federal High Court ruling on DStv and GOtv price increases. The legal battle follows a May 8, 2025, decision by Justice James Omotosho, who dismissed MultiChoice’s suit to uphold its price hikes, labeling it an “abuse of court process” due to a similar pending case by lawyer Festus Onifade.
MultiChoice’s Appeal
MultiChoice’s counsel, Moyosore J. Onigbanjo (SAN), filed a three-ground appeal on May 19, arguing that Omotosho’s ruling violated the company’s right to a fair hearing. Onigbanjo contended that the FCCPC did not raise the abuse of process issue, and the Onifade suit (FHC/ABJ/CS/363/2025) differs in issues and parties, as MultiChoice and FCCPC are co-defendants in that case. He argued the judge improperly raised the Onifade case suo moto without allowing MultiChoice to respond. Onigbanjo also challenged the dismissal, asserting that a successful jurisdictional challenge warrants striking out, not dismissal, allowing refiling. He urged the Appeal Court to set aside the abuse ruling while affirming Omotosho’s stance that only the President can regulate prices in Nigeria’s free-market economy, limiting FCCPC’s role to advisory unless delegated.
FCCPC’s Counter-Appeal
The FCCPC, led by Prof. Joseph Abugu (SAN), filed an eight-ground appeal on June 13, contesting Omotosho’s ruling that it lacked authority to issue interim directives against MultiChoice’s price hikes. Abugu argued the FCCPC’s powers under Section 17(s) of the Federal Competition and Consumer Protection Act (FCCPA) allow it to address exploitative practices, as evidenced by Onifade’s complaint. He denied engaging in price fixing, distinguishing it from regulating abusive pricing under Section 88. The FCCPC rejected claims of targeting MultiChoice selectively, asserting its duty to investigate consumer exploitation. Abugu argued the court misinterpreted evidence, ignoring FCCPC’s data showing MultiChoice’s “arbitrary and exorbitant” price increases, and urged the Appeal Court to uphold its interim directive powers.
Background and Implications
Omotosho’s ruling acknowledged Nigeria’s free-market economy but faulted the FCCPC for issuing a suspension directive before investigating, exceeding its authority absent presidential delegation. The ongoing dispute, with no hearing date set, highlights tensions between regulatory oversight and market freedom, impacting millions of DStv and GOtv subscribers amid Nigeria’s economic challenges.
