The Court of Appeal in Abuja has dealt a heavy blow to MTN Nigeria Communications Limited, slapping the telecommunications giant with a fine of N15 million for disturbing a customer with unsolicited messages and callertunes.
The court’s ruling, delivered on Friday by Justice Okon Abang, upheld the privacy rights of Barrister Ezugwu Emmanuel Anene, a public interest lawyer.
This judgement is seen as a significant victory for Nigerians battling intrusive telecommunications practices.
Barrister Anene had taken MTN to court for what he described as a blatant violation of his privacy.
He argued that the unsolicited calls, text messages, and caller tunes caused him embarrassment, anxiety, and inconvenience.
The public interest lawyer insisted that he never subscribed to the services imposed on his line.
Between July 2016 and March 2018, MTN allegedly inundated him with unwanted services, even deducting funds from his airtime without consent.
Justice for the Harassed Customer
The High Court of the Federal Capital Territory (FCT) had earlier ruled in Anene’s favour in 2021.
Justice U.P. Kekemeke awarded N300,000 in damages against MTN, stating that the telco violated the lawyer’s right to privacy.
The High Court acknowledged that MTN sent multiple unsolicited messages and imposed unwanted callertunes on Anene’s line.
However, Anene found the compensation inadequate and approached the Court of Appeal to seek redress.
The Court of Appeal described MTN’s actions as not just an invasion of privacy but a scheme with the potential for large-scale exploitation.
“If MTN sent unsolicited messages to 10 million Nigerians, it would have unlawfully enriched itself to the tune of over a trillion naira,” the court noted.
The judgement also emphasised that MTN likely profited from these unsolicited services, a practice that the court strongly condemned.
Justice Okon Abang, delivering the judgement, highlighted the need for exemplary damages to deter such corporate misconduct.
The N15 million fine was deemed necessary to send a strong message to MTN and other telecommunication companies operating in Nigeria.
The court dismissed MTN’s cross-appeal, which claimed that the original N300,000 fine was excessive.
This case sheds light on a common grievance among Nigerians.
Many mobile users have long complained about intrusive messages, caller tunes, and unwarranted deductions by telecommunication companies.
The Nigerian Communications Commission (NCC) introduced the Do Not Disturb (DND) option to address this issue, but the effectiveness of this measure remains questionable.
In Anene’s case, the Appeal Court confirmed that the lawyer had activated the DND option, yet MTN persisted in sending him unwanted messages.
The judgement drew attention to MTN’s terms and conditions for new subscribers, which were criticised as being unclear and difficult to read.
During the initial High Court proceedings, an MTN representative admitted that the text in their terms and conditions was so tiny it was unreadable.
The court ruled that such practices do not absolve MTN of responsibility and instead highlight the need for transparency in the telecommunications sector.
