The Court of Appeal has ordered MTN Nigeria Communications Limited to pay N15 million as general damages for violating a customer’s right to privacy through unsolicited messages and caller tunes.
Justice Okon Abang of the Abuja Division delivered the landmark judgment on Friday, following an appeal by public interest lawyer Ezugwu Anene. The lawyer had contested an earlier Federal Capital Territory High Court ruling that awarded him N300,000 in damages, arguing the amount was inadequate.
In his case, Anene alleged that MTN bombarded his phone with 88 unsolicited calls and weekly messages from July 2016 to March 2018, despite not subscribing to such services. He described the interruptions as “embarrassing, inconvenient, and anxiety-inducing,” claiming they breached his right to privacy. He initially sought N200 million in damages.
Before the lower court, Anene argued that while he subscribed to MTN’s network services, he never consented to caller tunes or other unsolicited services. He accused MTN of deducting funds from his airtime without authorization and stated that these interruptions caused him to miss critical business calls.
MTN, represented by staff member Emmanuel Iteade, denied any wrongdoing. The company argued that all services were subscribed to by the claimant and that its terms and conditions were clearly outlined in its SIM starter kits. However, during cross-examination, MTN’s witness admitted that the terms and conditions were printed in fonts so small they were illegible.
The lower court ruled that MTN’s actions violated Section 37 of the 1999 Constitution, which protects citizens’ privacy. It declared the unsolicited messages and deductions from Anene’s airtime a breach of his rights. The court awarded N300,000 in damages and issued an order restraining MTN from further unsolicited communication with the claimant.
Unsatisfied with the damages, Anene appealed to the Court of Appeal, while MTN filed a cross-appeal, arguing the damages were excessive given the total deductions amounted to only N14,000.
Justice Abang, delivering the appellate court’s unanimous decision, dismissed MTN’s cross-appeal. He criticized the telecommunications company’s actions, noting that if similar practices affected 10 million customers, MTN could have unlawfully gained over a trillion naira.
“The trial court should have awarded exemplary damages to serve as a deterrent,” Justice Abang said. He emphasized the significant anxiety caused by MTN’s practices and noted that Nigerians might not be fully aware of the extent of such violations.
The court consequently increased the damages from N300,000 to N15 million, sending a strong message about the protection of privacy rights in Nigeria.
