Lawyer drags Multichoice to court to forestall breach of his fundamental right

Dupe Atoki CPC

Mrs. Dupe Atoki, Director General, Consumer Protection Council

Akin Kuponiyi

Mrs. Dupe Atoki, Director General, Consumer Protection Council
Mrs. Dupe Atoki, Director General, Consumer Protection Council

In a bid to forestall his personal information data from being disclosed to a third party, a human right lawyer, Francis Osagie Obaseki has dragged satellite pay TV operator, Multichoice Nigeria limited before a Lagos high court sitting at Ikeja.

In a related development but by another separate suit spearheaded by another Lagos lawyer Adeolu Olumide Fusika and three others, John Elegbe, Michael Obi and Damilare Animashaun, have also commenced legal action against Multichoice Nigeria limited before the same court.

In an affidavit sworn by Barrister Francis Osagie Obaseki and filed before the court by the law firm of Isaac and Solomon legal practitioners, the deponent averred that he is a subscriber to the digital broadcasting satellite service of Multichoice with smart card number 1017189562.

The parties agreed to be bound by the terms and conditions of the subscription which stipulates that, Multichoice is obligated not to disclose his personal information he disclose to the company which includes name, telephone numbers, e-mail address, bank details and other vital information to any third party.

However, the applicant was surprised when he learnt through various sources of information such as online internet and publications in Newspapers that a dispute exists between Multchoice and a consumer, who complain of the services of the pay-TV company.

Consequently in carrying out its investigation as a result of the complaint it received, from the subscriber which did not include him, Consumer Protection Council, set up an investigative panel and part of information or documentation sought from Multichoice is the personal data of all the subscribers of multi-choice, which includes his personal data.

Obaseki contended that, as part of its investigation of the consumers complain for which the CPC was created under the law it is not statutorily empowered to demand for and receive personal information of consumers who have not sent petition to it without the consent of the consumers.

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It would be recalled that during the raid on the Multichoice office on the 15th of october, 2015, CPC made away with and seized laptops and important documents of the company containing his personal information, while still attempting to retrieve personal information of other subscribers of the company.

Obaseki while describing the action of the CPC as arbitrary, oppressive and in defiance of the rule of law, averred that since CPC is not a party to the contract between him and Multichoice, it does not have contractual or statutory duty to protect his personal information, therefore the action of CPC are in breach of his fundamental right.

Consequently, he urged the court to declare the raid on Multichoice office in a bid to recover personal information of the company’s customers including himself as unlawful and constitutes a breach of his fundamental right.

He also urged the court not only to restrain CPC from its unlawful raid but to also declare that he is entitled to the protection of his personal information and also has right to privacy as guaranteed by the constitution of the federal republic of Nigeria.

In the same vein, in an affidavit sworn to by Michael Obi in support of a suit instituted against multi-choice by Barrister Adeolu Olumide Fusika and three others file before the same court,by the same legal practitioner, the applicants contended that, once the information is disclosed to CPC by multi-choice, the company would not know what the agency would do with the information which may compromise their home, personal security and life.

Obi also averred further that while CPC was created to protect their right as consumers, it has to do so within the ambit of its enabling laws and not breach the right of the citizens it seek to protect.

He therefore, prayed the court to restrain Multichoice from releasing their personal information to any third party including the Consumer Protection Council pending the hearing and determination of their suit.

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