Court Orders Multi-Choice To Pay Lawyer N3million Over Disrupted DStv Broadcast During Manchester United Match

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 to a lawyer, David Ogundipe, 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.

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.

Convinced that the disruption amounted to a breach of contract and unfair business practice, Ogundipe approached the court, arguing that MultiChoice had failed to fulfil the assurances contained in its advertisements and the terms governing its subscription services.

In the originating summons, the claimant sought several declarations, including that MultiChoice’s repeated advertisements, particularly its publication of November 22, 2022, entitled subscribers to uninterrupted live matches through DStv or the MyDStv App under the provisions of Sections 125(1)(a) and (b) of the Federal Competition and Consumer Protection Act (FCCPA), 2018.

He also asked the court to declare that, under Section 130(1)(a), (b) and (c) of the FCCPA, he was entitled to quality and uninterrupted transmission of the Manchester United versus Rangers Europa League fixture from start to finish in a timely and glitch-free manner.

Ogundipe further sought a declaration that MultiChoice was under a contractual obligation to provide uninterrupted live match transmissions to subscribers, particularly for the Europa League match of January 23, 2025, pursuant to his subscription to the DStv Compact package for that month.

The lawyer also requested the court to declare that MultiChoice breached that contractual obligation by failing to provide uninterrupted transmission and that the company’s conduct amounted to false representation, unfair dealing and a violation of Section 124(1)(a), (c) and (d) of the FCCPA.

In addition, he sought an order directing MultiChoice to publicly acknowledge and apologise for the disruption in service and for allegedly failing to adequately address his complaints on the social media platform X, formerly Twitter.

Ogundipe also claimed N255,981,000 as special damages for what he described as the irreparable loss suffered as a result of the interruption, N100.5 million as general damages for breach of contract, false and misleading representations and substandard service, as well as N5 million as the cost of litigation. He also prayed the court to award 10 per cent post-judgment interest on any judgment sum until full liquidation.

In its judgment, the court held that Ogundipe successfully proved his case against MultiChoice.

Justice Ndukwe-Nwabulu declared that the claimant was entitled to quality and uninterrupted subscription services and live match broadcasts through DStv or the MyDStv App, specifically in relation to the Europa League match between Manchester United and Rangers played on January 23, 2025.

The court further declared that MultiChoice breached its contractual obligation to provide uninterrupted subscription services to the claimant.

The court consequently awarded N1.5 million as general damages for the breach of contract and an additional N1.5 million as the cost of the suit, bringing the total award to N3million.

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.

On the issue of post-judgment interest, Justice Ndukwe-Nwabulu held:”On whether this Court can order the Defendant to pay the Claimant 10% post-judgment interest until the entire judgment sum is fully paid, it is trite that post-judgment interest is a statutory entitlement under Order 42 Rule 3 of the FCT High Court (Civil Procedure) Rules 2025. The said entitlement should not be less than 10% per annum and it does not need to be pleaded.”

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 is 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 is a consumer rights advocate who 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.