The Court of Appeal sitting in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages for violating the privacy of a Nigerian customer by sending unsolicited messages and callertunes without the customer’s consent.
The judgment, delivered on Friday by Justice Okon Abang, ruled that MTN’s actions breached the right to privacy and quiet enjoyment of the airtime purchased by Barrister Ezugwu Emmanuel Anene, a public interest lawyer.
The case stemmed from a 2021 decision by the High Court of the Federal Capital Territory, where Anene had sued MTN for disturbing his phone with 88 unsolicited calls made at odd hours.
He argued that these calls, along with unsolicited text messages and callertunes, caused him embarrassment, anxiety, and inconvenience, as they were sent despite his lack of subscription to these services.
Anene also highlighted that money was deducted from his airtime for these unsolicited services between July 2016 and March 2018.
MTN defended itself, claiming that all services were part of the terms and conditions agreed to by customers upon purchasing SIM cards.
The company contended that the deductions were legitimate and that it had not violated Anene’s privacy.
However, the High Court ruled in favor of Anene, stating that MTN’s actions violated Section 37 of the 1999 Constitution, which protects citizens’ privacy, including their telephone communications.
The court also ordered MTN to cease sending unsolicited messages or imposing callertunes on Anene’s phone and awarded N300,000 in damages, though the claimant had requested over N200 million.
Dissatisfied with the judgment, Anene appealed for higher damages.
MTN also cross-appealed, arguing that the N300,000 award was excessive given the minor deductions from his airtime.
In its ruling, the Appeal Court acknowledged that the unsolicited messages caused Anene considerable distress and found that MTN likely profited from this practice, which could have been affecting millions of Nigerians.
The court criticized MTN for its persistent disregard of the claimant’s complaints and the Do Not Disturb (DND) feature, which Anene had activated.
The Appeal Court concluded by overturning the High Court’s decision and awarding Anene N15 million in damages, deeming this sum appropriate as a deterrent against such practices.
The court’s judgment emphasized that MTN’s actions were not only unlawful but also likely to have unjustly enriched the company.
