The Federal High Court in Abuja has thrown out a suit instituted by pay-TV company, Multichoice, against the Federal Competition and Consumer Protection Commission (FCCPC), over its move to stop the firm from implementing a price hike.
In a judgment delivered on Thursday, Justice James Omotosho held that the suit amounted to an abuse of court process, as the same issue had earlier been raised in a pending case filed by one Festus Onifade, where both Multichoice and the FCCPC were parties.
According to the judge, “The suit is an abuse of court process. The issue in dispute is already the subject of an existing suit before this same court, and Multichoice ought to have filed a counterclaim rather than initiate a fresh action.”
Despite dismissing the suit on procedural grounds, Justice Omotosho proceeded to consider the matter on its merits. He ruled that under a free market economy as operated in Nigeria, the FCCPC lacks the authority to interfere in the pricing decisions of private entities.
He emphasized that “by virtue of Section 88 of the Federal Competition and Consumer Protection Act, only the President of the Federal Republic of Nigeria has the power to regulate prices—and only in respect of a regulated industry or essential goods.”
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The court held that the services offered by Multichoice do not fall within that category, and consumers retain the freedom to decide whether or not to subscribe.
“The FCCPC has no business querying how companies fix their prices in a free market economy,” Justice Omotosho added.
The ruling clarifies the extent of FCCPC’s regulatory powers and reinforces the principle that private companies are at liberty to set prices in industries not classified as regulated or essential.
