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DStv, Gotv tariff hike suit: Court temporarily stops FCCPC from sanctioning MultiChoice

BY ANDREW OROLUA

The Federal High Court in Abuja has given order for accelerated hearing of MultiChoice Nigeria Limited suit seeking to stop the Federal Competition and Consumer Protection Commission (FCCPC) from sanctioning it over rates hike.

However, it granted a temporary order of interim injunction on both parties from taking “administrative steps ” pending the determination of the substantive suit

The order follows an ex-parte application brought by MultiChoice against Federal Competition and Consumer Protection Commission (FCCPC) who had sought an explanation over the increase in subscription rates of DStv and GOtv.

Justice James Omotosho gave the order after hearing the ex-parte motion moved by Moyosore Onigbanjo, SAN, counsel to MultiChoice.

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In his ruling on the motion marked: FHC/ABJ/CS/379/2025, the judge ordered FCCPC not to take “any administrative steps” against the pay-Tv company pending the determination of the suit.

The FCCPC had summoned MultiChoice Nigeria Ltd to provide explanations regarding the March 1 price review of its packages.

The commission directed the company’s chief executive officer to appear for an investigative hearing on February 27, raising concerns over frequent price hikes, potential market dominance abuse and anti-competitive practices within the pay-TV industry.

The FCCPC also issued a stern warning, stating that failure to justify the price adjustment or comply with fair market principles would lead to regulatory sanctions.

Arguing the motion ex-parte Onigbanjo, SAN stated that the FCCPC Act and other enabling laws do not grant the commission the authority to regulate prices or require businesses to seek approval before adjusting the cost of their services.

He added that MultiChoice had communicated its intention to increase prices via a letter dated Feb 21.

He said that the FCCPC, however, in a letter dated Feb. 27, ordered the pay-TV company to suspend its planned price increment.

The lawyer said following the development, the company filed a suit on March 3, challenging, among other things, the FCCPC’s power to regulate prices or suspend its price adjustment.
He said MultiChoice, after filing the suit, proceeded with the planned price increase.

He said despite the pending suit, the FCCPC threatened to prosecute MultiChoice via a letter dated March 3 if it failed to provide reasonable justification for disregarding the directive to suspend the price increment.

In an affidavit deposed to by Gozie Onumonu, Head of Regulatory Affairs and Government Relations at MultiChoice, the company argued that its subscription rates in Nigeria are the lowest among all the countries where it operates.

“For instance, the cost of the Premium package in Nigeria is equivalent to $29.81, while the same package costs $85.11 in Kenya,” Onumonu said.

The officer maintained that MultiChoice had the legal right to operate its business, including adjusting its prices when necessary.

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