Users of DSTV and Gotv in Nigeria will on 8 May , 2025 know their fate regarding increase in the service price which has seen MultiChoice Nigeria limited operators of DStv and Gotv in legal battles with the Federal Competition and Consumer Protection Commission, FCCPC.
This followed the pronouncement of the Judge presiding over the matter, Justice James Omotosho of the Federal High Court in Abuja after lawyers representing the parties adopted and argued their written addresses for and against the suit.
Recall , following a formal request by MultiChoice seeking the court’s protection from planned sanction from the FCCPC, over the increase in the price of DStv and GOtv, the court had earlier restrained the Commission from taking “any administrative steps” against the plaintiff following the increase in the service price.
Arguing its case, MultiChoice through its lead counsel, Onigbanjo submitted that the bone of contention is “whether the defendant have the right to control the price at which the plaintiff offers its services to the public.”
While acknowledging the regulatory powers of the Commission, the senior lawyer argued that the Act establishing the FCCPC did not confer on it the powers to regulate price or prevent anyone including the plaintiff from increasing its prices.
Besides, Onigbanjo stated that the issue of whether the defendant can regulate price has been litigated before between the two parties, adding that the Tribunal had held that the Commission has no powers to regulate prices of goods and services in the country, except the President of the Federal Republic of Nigeria.
MultiChoice, therefore, accused the Commission of discrimination, pointing out that all businesses in the country have been increasing their prices in line with economic conditions and inflation without the Commission raising an eyebrow, save with the plaintiff.
In his counter argument, lead counsel for the defendant, Professor Joe Agbugu, SAN, urged the court to first address the cause of action; which is the the issue of increase in the price of DStv and GOtv.
Agbugu disclosed that the Commission on February 25, wrote the plaintiff after it announced price increase effective from March 1, 2025.
Agbugu further stated that, “there was no issue of price regulation or fixing as at the time the action commenced.”
Besides, he claimed that 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.”
