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Court to Rule on DStv, FCCPC Case on May 8
Justice James Omotosho of the Federal High Court in Abuja has scheduled May 8 for the judgment in the lawsuit filed by MultiChoice Nigeria Limited against the Federal Competition and Consumer Protection Commission (FCCPC). The date was set after both parties presented and argued their written submissions.....KINDLY READ THE FULL STORY HERE▶
Earlier, the court issued a restraining order, preventing the FCCPC from taking any administrative actions against MultiChoice following a price hike on its DStv and GOtv services. This came after MultiChoice sought legal protection from potential sanctions by the FCCPC over the increase.
During the hearing, the court granted the FCCPC an extension to regularize its processes and allowed MultiChoice to withdraw its request for an interlocutory injunction, which had become unnecessary due to recent developments.
MultiChoice’s lead counsel, Moyosore Onigbanjo, SAN, argued that the key issue in the case is whether the FCCPC has the authority to regulate the prices at which MultiChoice offers its services. He acknowledged the FCCPC’s regulatory powers but pointed out that the statute establishing the Commission does not grant it the authority to control prices or prevent businesses from adjusting their prices based on market conditions.
Onigbanjo further emphasized that previous legal proceedings between the parties had concluded that the FCCPC lacks the power to regulate prices unless authorized by the President of Nigeria. The plaintiff also cited the President’s stance that his administration does not support price controls, with prices being determined by market forces.
MultiChoice also accused the FCCPC of discriminatory practices, stating that other businesses have raised their prices in response to inflation without facing any scrutiny from the Commission.
In response, the defendant’s lead counsel, Prof. Joe Agbugu, SAN, argued that the case is not about regulating prices but about investigating whether the price increases by MultiChoice are exploitative, given its dominant position in the market. Agbugu clarified that the FCCPC’s role is to protect consumers from price exploitation, not to dictate specific price levels.
Agbugu urged the court to dismiss the suit, asserting that the Commission’s mandate is to investigate and address instances of price exploitation in the marketplace.
The court will now consider the arguments presented before delivering its judgment on May 8.
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