The Federal High Court sitting in Abuja has dismissed a suit filed by MultiChoice Nigeria for being an abuse of court processes.
Multi-choice Nigeria had petitioned the court to determine whether, under section 17a of the FCCPC Act, the FCCPC has the powers to instruct or issue an order restricting them from increasing their pricing.
If the FCCPC’s directions to Multi and Choice are not discriminatory and violate Section 42 of the Constitution.
The FCCPC had filed a counter-affidavit noting that an action with the same subject matter was already pending at the Lagos state division of the court.
Delivering the ruling, Justice James Omotosho held that filing the suit is an abuse of court processes and duplicity of actions.
The issues raised here can be dealt with in the suit filed in Lagos.
The rule of law allows for a counterclaim, although the suit in Lagos is filed by the FCCPC, MultiChoice can counterclaim.
The Plaintiff could have ventilated its grievances in the previous suit without filing this instance suit.
The court went further to determine if the FCCPC has the powers to restrain Multi choice from price hike, the court held that the FCCPC can not suspend price hike.
Nigeria economy is a free market economy.
It is only the president that can set price ceiling on commodities under section 88 of the FCCPC Act.
If the president wants to fix price it will be on an entire industry not on a single player , except the player is a monopolist.
If the price of regulated goods and services are fixed by the president, then the FCCPC has the power to enforce.
There are no instrument before the court delegating section 88 of the FCCPC Act to any one.
Price fixing is totally out of the powers FCCPC.
Multichioce belongs to a non-regulated industry.
Multi choice is not the only player in it’s industry, there are options of other service providers like Startimes and Netflix.
There is nothing to show before the court that Multichoice price charge is excessive.
Multi choice service are not essential but discretionary.
The FCCPC can investigate and report to the president , who made exercise his powers under section 88 of its Act.
