The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in general damages for violating a customer’s privacy through unsolicited messages and callertunes.
In a unanimous ruling delivered on Friday, a three-member panel led by Justice Okon Abang emphasized that MTN’s actions infringed on the privacy rights of Ezugwu Anene, a public interest lawyer, and disrupted his peaceful use of airtime. The court held that telecommunications providers must respect customer choices and refrain from imposing unwanted services.
Justice Abang, in his lead judgment, highlighted that MTN’s persistent sending of unsolicited messages and callertunes, despite the activation of the Do Not Disturb (DND) option, constituted a breach of the subscriber’s privacy under Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations.
Mr. Anene initially filed the case at the FCT High Court, accusing MTN of making 88 unsolicited calls at odd hours and sending numerous text messages, causing him embarrassment and anxiety. While the lower court had awarded N300,000 in damages, Mr. Anene appealed, arguing that the compensation was insufficient.
The Appeal Court upheld Mr. Anene’s appeal and awarded N15 million as compensation, criticizing MTN’s practices. Justice Abang noted that the unsolicited messages likely generated substantial, illegitimate revenue for MTN, potentially affecting millions of Nigerian subscribers.
In its cross-appeal, MTN argued that the deductions amounted to only N14,000 and contended that the lower court’s award of N300,000 was excessive. However, the Appeal Court dismissed MTN’s cross-appeal, stating it lacked merit.
The court also suggested that exemplary damages should have been awarded to deter similar practices, particularly by foreign companies profiting at the expense of Nigerian subscribers.
“If MTN had sent unsolicited messages to 10 million phones owned by innocent Nigerians, it would have unlawfully enriched itself,” Justice Abang remarked.
