Appeal Court fines MTN N15 million over unsolicited messages and callertunes

The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in general damages for violating a customer’s privacy through unsolicited messages and callertunes.

A three-member panel ruled unanimously on Friday that MTN’s actions infringed on the privacy rights of Ezugwu Anene, a public interest lawyer, disrupting his quiet enjoyment of airtime he had purchased. The lead judgment, delivered by Justice Okon Abang, emphasized that telecommunications providers must respect customer choices and refrain from imposing unwanted services.

The court held that MTN’s persistent sending of unsolicited messages and the imposition of callertunes, despite the activation of the Do Not Disturb (DND) option by the claimant, breached the subscriber’s privacy under Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations.

Mr. Anene had initially filed the case at the FCT High Court, where he accused MTN of making 88 unsolicited calls at odd hours and sending numerous text messages, causing embarrassment and anxiety. The lower court awarded N300,000 in damages, but the claimant appealed, arguing that the amount was insufficient.

The Appeal Court upheld Mr. Anene’s claim, awarding N15 million as compensation and criticizing MTN’s practices. Justice Abang noted that the unsolicited services likely generated substantial, illegitimate income for the company, potentially impacting millions of Nigerians.

In its cross-appeal, MTN argued that the deductions amounted to only N14,000 and claimed that the trial court’s award of N300,000 was excessive. However, the Appeal Court dismissed the cross-appeal, stating it lacked merit.

The court also suggested that exemplary damages should have been awarded to deter such practices, particularly from a foreign company profiting at the expense of Nigerian subscribers.

“If MTN had sent unsolicited messages to 10 million phones owned by innocent Nigerians, it would have unlawfully enriched itself,” Justice Abang remarked.