An Abuja based legal activist, Maduabuchi Idam, has dragged Multi Choice Nigeria Limited before the Federal High Court Abuja alleging an oppressive, gross extortion and unwarranted exploitation of customers through unjust subscription and unfair trade tactics against Nigerians.
In the Court Process marked FHC/ABJ/ CS/ 562/2024 filed on April 29 the Plaintiff asked the Court to compel Multi- Choice to “regulate or meter its decoder in order to read customer’s subscription only per view or during viewing.”
Idam, a customer of Multi- Choice Television Networks Service Provider is further praying the court for an award of the sum of N80,000,000.00 (Eighty Million Naira) only as General Damages and N5 Million as cost of litigation against the company for “its several years of extortion and violation of the Plaintiff’s right as provided by the Federal Competition and Consumer Protection Act, 2018.”
The plaintiff told the Court he filed the suit against Multi – Choice Nigeria Limited, Federal Competition & Consumer protection Commission, National Broadcasting Commission and Attorney General of the Federation listed as 1, 2, 3, and 4 Defendants respectively,
after his letters of complaints were ignored. The plaintiff suit is coming just as the company announced a price increase with effect from May 1.
Therefore,he raised the following questions for determination of the court Whether having regard to Sections 124,121, 114 and 115 of the Federal Competition and Consumer Protection Act, 2018 A service Provider such as the 1“ Defendant is not under a legal duty not to exploit its customers.
Whether by virtue of Section 6 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) this Honourable Court does not possess the vires to interpret the provisions of Sections: 124,.121, 114 and 115 of the Federal Competition and Consumer Protection Act, 2018 with a view to ordering the 1st Defendant to meter its subscription to read in a fair and reasonable “manner only during viewing or per view whichever is more appropriate.
Whether this Honourable Court has no power to order the 2″, 3 and 4″ Defendants to direct every other digital Satellite cable Network provider in Nigeria to meter their subscription to read in a fair and reasonable manner only during viewing or per view whichever is more appropriate, so as to enable subscribers such as the Plaintiff to enjoy and maximize their subscription when purchased.
Whether by virtue of Section 146 of the Consumer Protection Act, the Plaintiff has no right to present this suit before this Honourable
Whether the Plaintiff is not entitled to the damages herein sought
The plaintiff therefore seeks three declarations :. A declaration that having regard to Sections 124,121, 114 and 115 of the Federal Competition and Consumer Protection Act, 2018, it amounts to exploitation, unfair trade tactics for a service Provider such as the 1″ Defendant to arbitrarily charge the Plaintiff and indeed other subscribers /customers when their subscription is not used. .
A declaration that failure of the 1st Defendant to regulate or meter its decoder to read customer’s subscription only when in use or per view amounts to a violation of the Plaintiff’s “Rights to Information in Plain and Understandable Language”, “Rights to Disclosure of Goods and Services” and “Rights against Unfair Tactics” as provided in Sections 114, 115,121 and 124 of the Federal Competition and Consumer Protection Act, 2018.
A declaration that failure of the 1st Defendant to roll over its customers unused subscription such as the Plaintiff’s after the expiration of the subscription period, amounts to unjust and unfair trade tactics, which is tantamount to a violation of the Plaintiff’s rights as contained in Sections 114, 115, 121 and 124 of the Federal
Competition and Consumer Protection Act, 2018.
He prayed for an order compelling the 1st Defendant to forthwith, regulate or meter its decoder in order to read customer’s subscription only per view or during viewing.
A further order compelling the 1st Defendant to upon expiration of the Plaintiff’s subscription duration to roll over the unused subscription in order to enable the Plaintiff and other customers in Nigeria to maximize their money spent on the 1st Defendant’s product.
An order of Mandamus compelling the 2nd, 3rd and 4th Defendants to consequently direct every other TV Network provider in Nigeria to Regulate or meter their subscription to read per view or during viewing and roll over unused subscription after the expiration of the 2024 04 3012:51 duration.
An order awarding the sum of N 80,000,000.00 (Eighty Million Naira) only as General Damages in favour of the Plaintiff against the 1st Defendant for the 1st Defendant’s several years of extortion and violation of the Plaintiff’s right as provided by the Federal Competition and Consumer Protection Act, 2018.
An order awarding the Sum of N5, 000,000.00 ( Five Million Naira) only against the 1st Defendant as cost of instituting this action.
And for such further order or Orders as this Honorable Court may deem fit to make in the circumstance.