BREAKING: Court dismisses MultiChoice request to uphold ‘GOtv, DStv Price Increases’ in Nigeria  

Justice James Omotosho passed the judgment on Thursday, saying that the pay TV’s suit was an “abuse of court process”. 

Previously, Omotosho had issued an interim order restraining the FCCPC from taking “any administrative steps” against MultiChoice Nigeria Limited following its announcement of price increases for DStv and GOtv.

The order was granted after MultiChoice’s lawyer, Moyosore J. Onigbanjo (SAN), in case number FHC/ABJ/CS/379/2025, complained that, despite ongoing litigation, the FCCPC continued to send cease and desist letters threatening further sanctions.

The FCCPC had earlier summoned MultiChoice Nigeria to explain the rationale behind the price adjustments.

MultiChoice’s legal team, led by Onigbanjo, filed a case seeking an injunction to prevent the FCCPC and its officers from prosecuting MultiChoice based on a letter dated March 3, 2025, citing lack of fair hearing.

At the court session on March 27, 2025, FCCPC’s counsel, Prof. Joe Agbugu (SAN), emphasized that there was no issue of price regulation or fixing at the time MultiChoice initiated the legal action.

He asserted that the FCCPC is authorized by law to regulate alleged abuses of dominant market positions, especially when such abuses affect Nigerian consumers.

In rebuttal, Onigbanjo described the FCCPC’s concerns about excessive pricing as an afterthought, pointing out that the FCCPC’s letter focused on price increases – a matter he argued the Commission lacked the authority to regulate.

After hearing from both parties, Justice Omotosho reserved judgment for May 8, 2025.

Passing his judgement on Thursday, Omotosho held that failure to serve a pre-action notice renders a finance-related suit a nullity.

“This is an abuse of court process,” the judge said.

“I hold that the plaintiff(MultiChoice) in this instant suit could have ventilated his grievance before the previous pending suit,” the judge continued.

“FCCPC is not vested with the power to suspend the price hike of an entity before conducting an investigation,” Omotosho said.

He said the FCCPC acted beyond its power by the directive it issued against MultiChoice price increase.

“Prices cannot be regulated in a free market economy. Attempt to fix prices will only scare investors away,” the judge held.

“Prices cannot be regulated in a free market economy. Attempt to fix prices will only scare investors away,” the judge held.

MultiChoice had informed customers of a planned price increase for its DStv and GOtv packages, scheduled to take effect on March 1, 2025. The proposed adjustments included:

These increases came less than a year after a previous hike in May 2024, which the company attributed to inflation and rising operational costs.

The planned increases elicited reactions from Nigerians, who expressed concerns over the lack of viable competition in the pay-TV market.

In response, the FCCPC summoned MultiChoice Nigeria to explain the rationale behind the price adjustments and later filed a lawsuit at a Lagos High Court, alleging violations of regulatory directives and obstruction of an ongoing inquiry.

Onigbanjo insisted that MultiChoice was being unfairly singled out, noting that other service providers had also increased prices due to inflation and rising operational costs.