The Court of Appeal in Abuja has directed MTN Nigeria Communications Limited to pay N15 million in general damages for breaching a customer’s privacy by sending unsolicited messages and imposing callertunes.
A three-member panel of the court, in a unanimous ruling on Friday, found that MTN’s actions violated the privacy rights of Ezugwu Anene, a public interest lawyer, causing disruption to his purchased airtime usage. The lead judgment, delivered by Justice Okon Abang, emphasized that telecommunications companies must respect customer preferences and avoid imposing unwanted services.
The court determined that MTN’s persistent unsolicited messages and callertunes, despite Mr. Anene activating the Do Not Disturb (DND) service, constituted a violation of privacy as protected under Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations.
Mr. Anene had initially filed the case at the FCT High Court, alleging that MTN made 88 unsolicited calls at inappropriate hours and sent numerous text messages, which caused him distress. The lower court awarded him N300,000 in damages, but he appealed, arguing that the amount was inadequate.
The Court of Appeal ruled in Mr. Anene’s favor, increasing the damages to N15 million. Justice Abang criticized MTN’s practices, stating that such unsolicited services likely generated significant, illegitimate profits and could impact millions of Nigerians.
In its cross-appeal, MTN argued that the deductions totaled only N14,000 and claimed the initial N300,000 award was excessive. The court dismissed the cross-appeal, finding it baseless.
The court further suggested that exemplary damages could have been awarded to serve as a deterrent to such actions, particularly from a foreign company profiting at the expense of Nigerian subscribers.
“If MTN had sent unsolicited messages to 10 million Nigerians, it would have unlawfully enriched itself,” Justice Abang noted in the judgment.
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