The Court of Appeal in Abuja has fined MTN Nigeria Communications Limited the sum of N15 million for violating a customer’s right to privacy through unsolicited messages and callertunes.
The judgment, delivered on Friday by Justice Okon Abang, held that MTN’s actions infringed on the privacy and quiet enjoyment of Barrister Ezugwu Emmanuel Anene, a public interest lawyer and MTN subscriber.
The case stemmed from a previous ruling by the High Court of the Federal Capital Territory (FCT), presided over by Justice U.P. Kekemeke, on September 22, 2021.
Anene had sought redress for what he described as a barrage of intrusive unsolicited calls and messages that caused him embarrassment, distraction, and anxiety.
In his initial complaint, Anene claimed that MTN bombarded him with 88 unsolicited calls and weekly text messages promoting services he never subscribed to, including child guidance and counseling tips, as well as callertunes.
He alleged that these disturbances spanned from July 2016 to March 2018, with deductions made from his airtime without consent.
Anene argued that these unsolicited intrusions not only caused him embarrassment but also deprived him of important business opportunities due to his hesitancy to answer unknown calls.
Dissatisfied with the High Court’s award of N300,000 in damages, Anene approached the Appeal Court for a review.
MTN, represented by its staff member Emmanuel Iteade, contended that all services complained about were subscribed to by Anene and that deductions were lawful.
It also argued that subscribers are informed of their rights and obligations through terms and conditions provided with SIM starter kits.
However, during cross-examination, MTN’s witness admitted that the terms were printed in a font too small to read, weakening the company’s defense.
The Appeal Court, in its judgment, set aside the N300,000 awarded by the High Court, describing the sum as inadequate.
Justice Abang stated that MTN’s persistent unsolicited messages caused the appellant significant anxiety and likely generated unlawful profits for the telecommunications giant.
“If MTN had sent unsolicited messages to 10 million Nigerians, it would have unlawfully enriched itself by over a trillion naira,” Justice Abang observed, emphasizing that such practices warranted exemplary damages as a deterrent.
The court awarded N15 million in general damages to Anene, asserting that MTN’s actions were a clear breach of his rights.
It also dismissed MTN’s cross-appeal, which sought to reduce the damages awarded, labeling it as lacking merit.
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