MTN To Pay Customer N15m Over Unsolicited Calls, Texts

The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million as damages for violating a customer’s privacy.

The telecommunications company had sent unsolicited messages and caller-tunes to the customer without their consent.

The judgment, delivered on Friday by Justice Okon Abang, ruled that MTN’s actions infringed on the privacy and peaceful use of airtime purchased by Barrister Ezugwu Emmanuel Anene, a public interest lawyer. This judgment overturned an earlier ruling by the High Court of the Federal Capital Territory (FCT), which had awarded the claimant N300,000 in damages.

Barrister Anene filed the case after receiving 88 unsolicited calls and numerous text messages at odd hours, which he described as embarrassing and anxiety-inducing. He claimed that MTN also deducted funds from his airtime for services he never subscribed to, such as caller tunes and weekly guidance messages. These activities occurred between July 2016 and March 2018.

MTN, through its representative Emmanuel Iteade, argued in court that all the services were subscribed to by the customer and that no illegal deductions were made. However, during cross-examination, the company’s witness admitted that the terms and conditions provided to subscribers were printed in a font too small to read. This admission was critical to the case.

The High Court ruled that MTN’s actions violated the claimant’s right to privacy as guaranteed under Section 37 of the 1999 Constitution. The court also barred MTN from sending further unsolicited messages or making unauthorized deductions from the claimant’s airtime.

Dissatisfied with the initial N300,000 awarded, Anene appealed for a higher amount, arguing that the damages were insufficient. The Court of Appeal agreed, stating that MTN’s practices could have caused anxiety for millions of Nigerians, potentially enriching the company unlawfully. The Appeal Court revised the compensation to N15 million to serve as a deterrent.

In the final ruling, the Appeal Court emphasized that MTN’s actions were intentional and that the company had ignored the customer’s attempts to activate the “Do Not Disturb” (DND) service. Justice Abang concluded, “The appeal is allowed, and MTN is to pay N15 million in damages to the appellant.”

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