The Federal Capital Territory (FCT) High Court in Abuja has ordered MultiChoice Nigeria Limited, the operator of DStv, to pay a total of N3million in damages and costs for what it ruled ASA breach of contract.
The court awarded the amount after finding the company liable for breaching its contractual obligation by disrupting the live broadcast of a UEFA Europa League match between Manchester United and Rangers FC.
A lawyer, David Ogundipe, had dragged MultiChoice to the court, after there was a disruption in transmission that lasted about ten minutes, while he was watching the match.
Justice N.C. Ndukwe-Nwabulu, in a judgment delivered in Suit No. FCT/HC/CV/588/2025, held that Ogundipe was entitled to uninterrupted subscription services and ruled that MultiChoice breached its contractual obligation when its transmission of the Europa League match played on January 23, 2025, was interrupted.
The suit, filed on February 17, 2025, by Ogundipe through his counsel, O.E. Oluwadamisi of Earnest Attorneys LP, challenged MultiChoice’s repeated advertisements and representations assuring subscribers of uninterrupted viewing, arguing that the company failed to deliver the service it promised.
Ogundipe, a football enthusiast and Manchester United supporter, told the court that he purchased a DStv decoder in 2024 after being persuaded by the company’s promotional campaigns, which assured subscribers of seamless and uninterrupted transmission of live sporting events.
However, while watching the UEFA Europa League clash between Manchester United and Rangers FC on January 23, 2025, the transmission was disrupted for more than 10 minutes, denying him the opportunity to enjoy the match without interruption.
The judge also awarded 10 per cent post-judgment interest per annum on the judgment sum from the date of judgment until the amount is fully paid.
The judge cited the Supreme Court decisions in O.A.N. 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.
Judgment was entered as follows: “A DECLARATION that the Claimant is entitled to transmission of quality and uninterupted subscription services as well as live matches through the DStv service or the MyDStv App, specifically the Europa League match between Manchester United and Rangers played on 23rd January, 2025.
“A DECLARATION that the Defendant breached its contractual obligation to provide to the Claimant, uninterrupted subscription services, particularly for Europa League match between Manchester United and Rangers played on 23d January, 2025.
“An award of NI,500,000.00(One Million, Five Hundred Thousand Naira Only] against the Defendant, as general damages for the breach of its contractual obligation.
“The sum of NI,500.000.00(One Milion, Five Hundred Thousand Naira Only) against the Defendant, as cost of this suit.
“An award of 10% post-judgment interest per annum on the judgment sum against the Defendant from the date judgment is delivered until the judgment sum is finally liquidated”.
Reacting to the judgment, Ogundipe described the decision as a landmark victory for Nigerian consumers and praised the court for enforcing the rights of subscribers against service providers.
“This ruling is a victory not just for me but for every Nigerian consumer who has been short-changed by service providers who make grand promises in their advertisements only to deliver something far less,” Ogundipe said.
He added that the judgment sends a strong message that companies must be held accountable for representations made in their advertisements and must honour the contractual obligations owed to consumers.
Ogundipe has over the years, instituted several legal actions challenging practices he considers detrimental to consumers, including service charges imposed by restaurants, no-refund policies, and the unlawful processing of consumers’ personal data, among other consumer protection issues.
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(Ripples)