In a landmark ruling, 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 caller tunes.
The unanimous decision, delivered on Friday by a three-member panel, upheld the appeal of public interest lawyer Ezugwu Anene, who argued that MTN’s actions infringed on his right to privacy and disrupted his use of airtime.
Justice Okon Abang, delivering the lead judgment, described MTN’s unsolicited services as a breach of Anene’s rights, emphasizing that telecommunications providers must respect customers’ preferences and avoid imposing unwanted services.
“The sending of unsolicited text messages is a violation of subscribers’ rights under Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations,” Abang stated.
Case Background
The case stemmed from an earlier judgment by the FCT High Court, which had awarded N300,000 in damages to Anene. Dissatisfied with the amount, Anene appealed, seeking higher compensation for what he described as continuous harassment by MTN.
Anene claimed he had activated the “Do Not Disturb” (DND) feature but still received unsolicited messages and caller tunes from MTN between July 2016 and March 2018. He further alleged that the disruptions caused embarrassment, anxiety, and loss of important business opportunities.
MTN, in its defense, argued that all services complained about by Anene were subscribed to by him, either directly or through implied consent upon purchasing a SIM starter kit. However, under cross-examination, MTN’s witness admitted that terms and conditions in the starter kit were printed in fonts too small to read, a point the court found significant.
Appeal Court Ruling
The Appeal Court dismissed MTN’s cross-appeal, which sought to overturn the High Court’s earlier decision, calling it meritless. Instead, the appellate court increased the damages from N300,000 to N15 million, emphasizing that MTN’s actions likely affected millions of Nigerians and unjustly enriched the company.
“If MTN sent unsolicited messages to 10 million phones, it would have unlawfully generated substantial income from innocent subscribers,” Justice Abang remarked, advocating for exemplary damages to serve as a deterrent to other service providers.
Wider Implications
The ruling is expected to set a precedent in Nigeria’s telecommunications sector, reinforcing the protection of consumer rights and privacy. It also highlights the need for stricter compliance with regulations governing unsolicited communications.
The court’s decision sends a clear message to service providers about respecting customer choices and adhering to constitutional guarantees of privacy.
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