The Office of the Attorney-General of the Federation and Minister of Justice has urged the Federal High Court in Abuja to dismiss a lawsuit against it, which seeks to compel Multichoice Nigeria to configure its GOtv and DStv decoders to charge Nigerian customers based on actual viewing time (pay-per-view or during viewing).
The AGF, named as the fourth defendant in a lawsuit against Multichoice, the Federal Competition and Consumer Protection Commission (FCCPC), and the National Broadcasting Commission (NBC), contends that the case constitutes an abuse of court process and should be dismissed outright.
The pending lawsuit, filed by Maduabuchi O. Idam Esq. on April 29, 2024 (suit number FHC/ABJ/CS/563/2024), seeks an order compelling Multichoice to allow the rollover of unused subscriptions upon expiration, enabling Nigerian customers to maximize their investment in its services.
What Transpired in Court
At the resumed proceedings on February 19, 2025, before Justice Inyang Ekwo, Multichoice’s lawyer, Moyosore J. Onigbanjo (SAN), informed the court that he was opposing the claimant’s suit against the pay-TV network.
- The judge then asked the legal representatives of the FCCPC and NBC if they had filed any responses in the case.
- They individually confirmed that they had filed counter-affidavits against the claimant’s suit.
- The AGF’s lawyer also confirmed filing a motion on notice against the suit.
Ekwo then asked the claimant, “Have you received all these processes, and have you filed a reply?”
“Yes, my Lord, I have responded,” the claimant answered but added that more court processes (further affidavits) needed to be exchanged, particularly between him and the legal teams of the AGF and NBC.
“I am going to give you a date for the hearing, believing that by then, parties should have filed and exchanged whatever necessary processes,” Ekwo responded.
The judge eventually fixed the hearing date for May 6, 2025.
AGF’s Motion to Strike Out the Suit
- In the referenced AGF’s motion dated October 25, 2024, exclusively obtained by Nairametrics, the AGF urged the court to strike out or dismiss the suit, arguing that the claimant did not disclose any cause of action or omission by the AGF and that there was no connection between the AGF’s office and the lawsuit.
- The AGF’s lawyer, Maimuna Lami Shiru, further argued that the questions raised by the claimant did not reference the AGF’s powers or responsibilities.
“The AGF is not a regulatory body in respect of the subject matter of the claim and has no business in the suit.
“The AGF is not a proper or necessary party to the suit.
“The originating process is premature and defective as it relates to the AGF,” the motion stated.
- The AGF’s office emphasized that it is not a regulator of Multichoice or any other TV network provider in Nigeria and accused the claimant of failing to obtain the court’s permission before filing the suit.
- The AGF’s lawyer maintained that the case was frivolous and should be dismissed.
Backstory
Nairametrics previously reported that after the lawsuit was filed last year, Multichoice’s lawyer, Moyosore J. Onigbanjo (SAN), denied allegations of customer exploitation, through his court processes .
- Multichoice cited factors such as exchange rate fluctuations, rising programming and content costs, and increased electricity tariffs as reasons for its subscription rate adjustments in 2024.
- The FCCPC stated that its mandate focuses on promoting competition and protecting consumers but does not directly regulate business operations.
- The Commission also noted that it had previously investigated Multichoice and that similar cases are currently under appeal.
The NBC stated that before the committee assigned to investigate the plaintiff’s complaint could conclude its work, the Federal High Court in Abuja delivered a judgment declaring that the NBC lacks the authority to investigate or sanction in this context.
What You Should Know
While a verdict on the pending lawsuit is yet to be determined, Multichoice has faced accusations of exploiting Nigerian customers over the years.
- In 2024, a Nigerian tribunal fined Multichoice N150 million and mandated a one-month free subscription for violating interim orders.
- However, Multichoice opposed the ruling, and the case was eventually struck out after a public interest lawyer withdrew the suit.
- Recently, Multichoice notified its customers of another price increase across its DStv and GOtv subscription packages, effective March 1, 2025.
This latest increase comes despite a significant loss of subscribers in the previous year, which the company attributed to multiple price hikes, inflation, and other factors.
