A Federal High Court in Abuja has ruled that the Federal Competition and Consumer Protection Commission, FCCPC, has no legal power to regulate product or service pricing in Nigeria’s free market economy.
The decision came in a case filed by Multichoice Nigeria, which challenged the FCCPC’s interference in its subscription pricing for DStv and GOtv platforms.
Justice James Omotosho, who presided over the matter, clarified that under the Federal Competition and Consumer Protection Act, only the President of Nigeria can control prices, and even then, only in special circumstances and through a formal, gazetted directive.
“There is no such delegation before this court; therefore, any action taken by the FCCPC in this regard is beyond its legal authority,” Justice Omotosho stated.
Multichoice also sought legal protection from an earlier suit by lawyer Festus Onifade, who tried to halt its price hike.
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The court dismissed that suit as an abuse of process, noting that a similar case involving the same parties was already pending.
In his ruling, the judge emphasized that Nigeria’s open market system adheres to the “willing buyer, willing seller” principle. He said the FCCPC’s actions were discriminatory, as it had not targeted other service providers in the same sector with similar scrutiny.
“The FCCPC failed to show that Multichoice holds a monopoly or dominant market position. Consumers have the freedom to choose from various providers,” Omotosho added.
The court also endorsed an earlier decision by the Competition and Consumer Protection Tribunal, which similarly ruled in favor of Multichoice.
This decision reinforces that government bodies cannot overstep their regulatory boundaries in a free-market economy unless clear legal frameworks permit such actions.
Crediblenewsng.com
