The Court of Appeal in Abuja has upheld a ruling against MTN Nigeria Communications Limited, imposing a fine of ₦15 million for infringing on a customer’s right to privacy through unsolicited messages and caller tunes.
The case, initiated by Barrister Ezugwu Emmanuel Anene, highlighted persistent unauthorized deductions from his airtime due to unsolicited services despite his activation of the “Do Not Disturb” (DND) feature and repeated complaints to MTN’s customer care.
Initially, the High Court of the Federal Capital Territory awarded Mr. Anene ₦300,000 in general damages. Unsatisfied with the compensation, he appealed, arguing for a more substantial penalty to address the violation of his rights.
In its judgment, the appellate court, led by Justice Okon Abang, ruled that MTN’s actions were a clear violation of Mr. Anene’s privacy and his right to enjoy services he had paid for without interference. The court emphasized that telecommunications providers are obligated to respect customer preferences and obtain explicit consent before activating services.
The ruling increased the damages to ₦15 million, serving as a stern warning to service providers in the telecommunications sector. This judgment reinforces consumer rights in Nigeria and highlights the need for providers to adhere to legal and ethical standards in their operations.
MTN is yet to issue an official response to the judgment.
Madmo Correspondence
