An Abuja Federal High Court on Thursday dismissed the suit by Multichoice challenging the Federal Competition and Consumer Protection Commission ,FCCPC, from restraining it from effecting price increas
While delivering the judgement, Justice James Omotosho held that the suit constituted an abuse of the court process having been filed after a similar suit was filed on the issue by one Festus Onifade, with Multichoice and FCCPC as parties in the suit.
Justice James Omotosho also held that the FCCPC has no business querying how companies fix their prices in a free market economy.
He averred that under Section 88 of the Federal Competition and Consumer Protection Act, it is only the president of the FRN that can regulate prices in a regulated industry and for essential goods, not the kind of services being rendered by the Multichoice where consumers have choices.
The judge however said an earlier suit filed by Onifade before the same Federal High Court in Abuja, in which Multichoice is a party, was still pending before Multichoice decided to file this separate suit.
The judge said Multichoice could ventilate the issues in the suit filed by Onifade by simply filing a counter claim rather than filing a separate suit.
The judge proceeded to decline jurisdiction and dismissed the suit.
