Court Awards N5.5m Against Pay TV for Disconnecting Customer

The Appeal Court sitting in Asaba, Delta State has awarded N5.5million damages against Multichoice Nigeria Limited for disconnecting a customer, Chief Victor Otomiewo, before the expiration of his DSTV subscription.

Otomiewo, a former Delta State Attorney-General and Commissioner of Justice, with the smart card number 42793244742, had paid a six-month subscription fee of N69,900 on December 19, 2014, which was to expire on July 19, 2015.

He was, however, disconnected on June 2, 2015, and was only reconnected after he went to court on June 19.

This was about the fifth time the customer would be experiencing such a breach for paid service by the company.

Justice Abimbola Obaseki-Adejumo, delivering judgment in the case with appeal number CA/AS/131/2017, held: “When a subscription for the use of a facility or access to get a benefit is paid for or subscribed for whatever purpose, once it is paid, a duty and obligation fall on that office/agency/outfit howsoever described, to render services.

“If it is disconnected, a prompt restoration and explanation ought to be offered to assuage the deprived party.

“This is what those in the service industry should cultivate to avoid suits and damages which may put them in a bad light and affect their businesses. This is what consumer protection is all about…”

Obaseki-Adejumo stressed that the cost of damage awarded by the lower court was “grossly insufficient,” and was made on “wrong principles”.

To correct the injustice, the court ruled that the sum of N5.5 million be awarded in favour of the cross-appellant.

Two other Justices, Mohammed Danjuma and Joseph Eyo Ekanem, endorsed the lead judgement delivered on March 26, 2021.

A Delta State High Court sitting in Warri had on June 27, 2016, passed judgment in favour of Otomiewo (claimant) by slamming a N500,000 fine on Multichoice.

Justice Ebiowei Tobi had assessed the damage at said sum, holding that the claimant did not give “cogent evidence” as to the “cost of embarrassment, stress and distress” he suffered to be reconnected.

However, the appellant through its counsel, Mamud Adeshina, Ekundayo Ajetunmobi and Richard Adams of Ogunsanya & Ogunsanya, approached the Appellate Court to determine “whether the lower court was right in awarding the sum of N500,000 as damaged against the appellant in view of the principle of restitution in integrum and in the absence of credible evidence”.

Otomiewo of V. E. Otomiewo & Co filed a brief for the determination of two issues: “Whether the learned trial judge made good and legal use of the opportunity of seeing and hearing the witnesses in the evaluation of the evidence and his ascription of value to same.

“Whether the quantum of damages awarded by the learned trial judge at N500,000 in favour of the cross-appellant is justifiable having regards to the evidence adduced by the cross-appellant in support of the claim for damages and the circumstances of this case.”