The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages for violating a customer’s privacy through unsolicited messages and callertunes.
A three-member panel unanimously ruled that MTN’s actions infringed on the privacy rights of Ezugwu Anene, a public interest lawyer, and disrupted his quiet enjoyment of purchased airtime.
Justice Okon Abang, delivering the lead judgment, stated that unsolicited services constituted a breach of the subscriber’s rights, emphasizing that telecommunications providers must respect customer choices and avoid imposing unwanted services.
“The sending of unwarranted text messages by the company amounted to a breach of subscribers’ right to privacy under section 37 of the Nigerian constitution as well as a violation of Regulation 28 of the Consumer Code of Practice Regulations,” Justice Abang declared.
The case originated from Mr. Anene’s complaint about receiving 88 unsolicited calls at odd hours, along with numerous text messages and imposed callertunes between July 2016 and March 2018. Despite activating the Do Not Disturb (DND) option and raising complaints with MTN’s customer care, the unwanted communications persisted.
MTN’s defense, presented by company representative Emmanuel Iteade, maintained that all services were properly subscribed to and that their terms and conditions were clearly outlined in SIM starter kits.
However, during cross-examination, the witness admitted that the referenced terms were “so tiny, he cannot read it,” which the court found significant.
The initial ruling by the FCT High Court awarded N300,000 in damages, leading Mr. Anene to appeal for a higher amount. MTN cross-appealed, arguing that the total deductions amounted to only N14,000 and that the initial award was excessive.
In its final judgment, the Appeal Court emphasized the need for exemplary damages against MTN as a deterrent, suggesting the company might be profiting substantially from such practices across its customer base.
“If MTN had sent unsolicited messages to 10 million phones at the time, owned by innocent Nigerians, it would have unlawfully enriched itself,” the judge noted.
The court dismissed MTN’s cross-appeal as lacking merit and upheld the expanded damages award of N15 million in favor of Mr. Anene.
