Court orders MultiChoice to pay N3m to ‘shortchanging’ consumers

The Federal Capital Territory (FCT) High Court in Abuja has ordered MultiChoice Nigeria Limited, operator of DStv, to pay damages and costs of N3 million for what the ASA ruled was a breach of contract.

The court awarded the amount after ruling that the company was liable for breaching its contractual obligations by interfering with the live broadcast of the UEFA Europa League match between Manchester United and Rangers FC.

A lawyer, David Ogundipe, took MultiChoice to court, after a transmission interruption that lasted about ten minutes, while he was watching the match.

Judge NC Ndukwe-Nwabulu, in a judgment delivered in Suit No. FCT/HC/CV/588/2025, stated that Ogundipe was entitled to uninterrupted subscription services and ruled that MultiChoice breached its contractual obligations when transmission of the Europa League match played on 23 January 2025 was interrupted.

The lawsuit, filed on February 17, 2025, by Ogundipe through his counsel, OE Oluwadamisi of Earnest Attorneys LP, challenges MultiChoice’s repeated advertising and representations assuring customers of uninterrupted viewing, arguing that the company failed to provide promised services.

Ogundipe, a football fan and Manchester United supporter, told the court he bought the DStv set-top box in 2024 after being lured by the company’s promotional campaign, which assured customers of smooth and uninterrupted transmission of live sporting events.

However, while watching the UEFA Europa League match between Manchester United and Rangers FC on January 23 2025, his transmission was interrupted for more than 10 minutes, so he could not enjoy the match without interruption.

The judge also gives post-judgment interest of 10 percent per year on the verdict amount from the date of the verdict until the amount is paid in full.

The judge cited the Supreme Court’s decision in OAN Overseas Agency (Nig.) Ltd v. Bronwen Energy Trading Ltd & Ors (2022) LPELR-57306(SC) and Mekwunye v. Emirates Airlines (2019) LPELR-46553(SC) in support of the award.

The decision made was as follows: “A DECLARATION that the Plaintiff is entitled to quality and uninterrupted transmission of subscription services and live matches via the DStv service or the MyDStv App, in particular the Europa League match between Manchester United and Rangers played on 23 January 2025.

“STATEMENT that the Defendant breached its contractual obligations to provide an uninterrupted subscription service to the Plaintiff, in particular for the Europa League match between Manchester United and Rangers played on 23 January 2025.

“Award of NI,500,000.00 (One Million Five Hundred Thousand Naira Only) against the Defendant, as general compensation for breach of his contractual obligations.

“In the amount of NI,500,000.00 (One Million Five Hundred Thousand Naira Only) against the Defendant, as costs for this lawsuit.

“Giving post-judgment interest of 10% per year on the amount of the decision against the Defendant from the date the decision is pronounced until the amount of the decision is finally liquidated.”

Reacting to the decision, Ogundipe described the decision as an important victory for Nigerian consumers and commended the court for upholding customers’ rights against service providers.

“This decision is a victory not only for me but also for every Nigerian consumer who has been harmed by service providers who make big promises in their advertisements only to deliver much less,” Ogundipe said.

He added that the decision sends a strong message that companies must be responsible for the representations made in their advertising and must honor contractual obligations owed to consumers.

Ogundipe over the years has pursued several legal actions challenging practices he considers detrimental to consumers, including service fees charged by restaurants, no-refund policies, and unlawful processing of consumers’ personal data, among other consumer protection issues.