“The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” the Judge held.
The Federal High Court in Abuja has ruled that only the President of Nigeria can fix or suspend prices, dismissing a suit filed by MultiChoice Nigeria against the Federal Competition and Consumer Protection Commission (FCCPC).
Justice James Omotosho struck out the suit on Thursday, ruling that it was an abuse of court process, given a similar case was already pending in another court. He affirmed the FCCPC’s power to investigate exploitative market practices, but declared the Commission lacked the authority to fix or halt subscription fees unless delegated by the President via a gazetted directive.
“The power to fix prices is exclusively that of the President. Any decision taken without such delegation is a nullity,” the Judge held.
Omotosho further criticised FCCPC’s directive asking MultiChoice to suspend its recent price hike, calling it a violation of fair hearing. He also rejected the claim that MultiChoice holds a dominant market position, saying its services are “discretionary and not essential.”
The court upheld Nigeria’s free market principles.