The Court of Appeal in Abuja has imposed a N15 million penalty on MTN Nigeria Communications Limited for repeatedly violating a customer’s right to privacy through unsolicited messages and caller tunes.
The judgment, delivered on Friday by Justice Okon Abang, marked a significant victory for Barrister Ezugwu Emmanuel Anene, a public interest lawyer who brought the case to court after enduring years of disruption and unauthorized deductions from his airtime.
The case originated from a ruling by the High Court of the Federal Capital Territory (FCT) in September 2021, where Anene sought legal redress for the inconvenience caused by MTN’s actions.
The lawyer had argued that MTN inundated him with 88 unsolicited calls, frequent text messages, and caller tunes between July 2016 and March 2018. He alleged that these intrusions caused him embarrassment, anxiety, and financial loss, as MTN deducted money from his airtime for services he never subscribed to.
Anene further stated that these disturbances, which often occurred at odd hours, denied him the opportunity to answer important business calls, exacerbating the impact on his professional life.
MTN, in its defense, claimed that all services were subscribed to by the customer and that deductions made from his airtime were legitimate.
The High Court had ruled in Anene’s favor, affirming that MTN’s actions breached his right to privacy as guaranteed under Section 37 of the 1999 Constitution. However, the court awarded only N300,000 in general damages, citing insufficient evidence to prove all 88 alleged calls.
Dissatisfied with the compensation, Anene approached the Court of Appeal to seek an increase in damages. MTN, on its part, filed a cross-appeal, arguing that the initial damages were excessive given the total deductions amounted to approximately N14,000.
The Court of Appeal overruled the High Court’s award of N300,000, declaring it grossly inadequate given the circumstances. Justice Abang, delivering the unanimous decision of the three-member panel, awarded N15 million as general damages to Anene.
The Appeal Court emphasized that MTN’s actions not only caused anxiety to the appellant but also reflected a troubling trend that likely affected millions of Nigerians.
“If MTN had sent unsolicited messages to 10 million Nigerians at the time, it would have unlawfully enriched itself by over a trillion naira,” the judge remarked, criticizing the telecom giant for profiting from such unauthorized practices.
The court also noted that Anene had made several attempts to resolve the issue, including activating the “Do Not Disturb” (DND) feature and lodging complaints with MTN’s customer service, but the disruptions persisted.
This ruling is expected to serve as a deterrent to telecom operators engaging in similar practices and reinforces the legal protection of consumers’ rights in Nigeria. The judgment underscores the importance of respecting customers’ privacy and ensuring transparency in service offerings.
The N15 million fine sends a clear message to corporate entities that exploiting consumers through unsolicited services and unauthorized deductions will not go unpunished.
