The Executive Vice Chairman and Chief Executive Officer of the Federal Competition and Consumer Protection Commission (FCCPC), Tunji Bello, has applauded the Abuja Federal High Court’s decision to strike out a suit filed by MultiChoice Nigeria Limited.
The suit had sought to stop the FCCPC from investigating recent price hikes for DStv and GOtv services.
However, in it judgement on Thursday, the court described MultiChoice’s suit as an abuse of court process. The court noted that it duplicated an existing case involving the same parties pending before another court.
Reacting to the judgement, Bello, in a statement signed by the Commission’s Director of Corporate Affairs, Ondaje Ijagwu, described the verdict as a victory for the rule of law. He stated that it is a victory over rejection of attempts to block legitimate regulatory oversight through legal technicalities.
“It sends a clear message that regulatory agencies will not be hindered by procedural roadblocks when exercising their lawful mandate to ensure fairness, transparency, and accountability in the marketplace.
“Nigerian consumers can be assured that the Commission is fully committed to investigating and addressing exploitative pricing and other anti-consumer practices, in line with the provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018,” Bello said.
Justice James Omotosho, who presided over the matter, ruled that MultiChoice’s legal move was inappropriate. Just as it amounted to forum shopping, a tactic used to seek favourable rulings in multiple courts on the same issue.
Recall that MultiChoice refused to honour an FCCPC invitation in February. It, instead choose to hike subscription rates just eight months after a previous increase.
It was reported that rather than respond to regulatory queries, the company filed a suit seeking to bar the FCCPC from probing its pricing decisions.
Delivering the judgement, Justice Omotosho also affirmed key sections of the FCCPA 2018, including the powers vested in the President to regulate prices of goods and services and the authority to delegate such powers to the FCCPC.
The Court maintained that under Section 17 of the FCCPA, the Commission is empowered to investigate exploitative pricing. Compile its findings and recommendations, and submit them to the President for further action.
The court ruled that once the President designates certain goods or services for price regulation, the FCCPC has full authority to enforce such measures.
FCCPC’s legal team was led by Professor Joseph Abugu (SAN), while MultiChoice was represented by Mr. J. Onigbanjo (SAN).