The Court of Appeal in Abuja has fined MTN Nigeria Communications Limited N15 million for violating a customer’s right to privacy by sending unsolicited messages and callertunes without the customer’s consent.
The judgment, delivered on Friday by Justice Okon Abang, upheld that MTN’s actions breached the right to privacy and quiet enjoyment of airtime purchased by Barrister Ezugwu Emmanuel Anene, a public interest lawyer.
The case stemmed from an earlier High Court judgment by Justice U.P. Kekemeke in September 2021. Anene sought redress over 88 unsolicited calls and weekly disturbing messages, which he argued caused embarrassment, distraction, and anxiety. He claimed MTN deducted money from his airtime for unsolicited services, including callertunes, between July 2016 and March 2018, without his approval.
While MTN denied the allegations, stating the claimant subscribed to the services, the High Court ruled that unsolicited messages and deductions breached Anene’s rights under Section 37 of the 1999 Constitution. The court awarded N300,000 in general damages, but Anene appealed, deeming the amount insufficient.
The Appeal Court agreed, stating that MTN’s actions caused anxiety and likely generated substantial illegitimate profits. It criticized the company for ignoring customer complaints and failing to respect the “Do Not Disturb” (DND) option activated by Anene.
In its unanimous decision, the Appeal Court increased the damages to N15 million, emphasizing the need for exemplary damages as a deterrent against such practices.
