Appeal Court Orders MTN to Pay N15 Million for Violating Customer’s Privacy

Court of Appeal Fines MTN N15 Million for Unsolicited Messages

The Court of Appeal in Abuja Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages to a Nigerian lawyer, Barrister Ezugwu Emmanuel Anene, for breaching his privacy through unsolicited messages and caller tunes.

Delivering the judgment, Justice Okon Abang ruled that MTN’s actions violated the lawyer’s right to privacy and disrupted his use of airtime, causing him embarrassment and anxiety. The case initially began at the Federal Capital Territory (FCT) High Court, where Justice U.P. Kekemeke had earlier awarded N300,000 in damages in 2021.

Barrister Anene filed the case after enduring repeated interruptions from MTN. He reported receiving 88 unsolicited calls and numerous messages between July 2016 and March 2018. These communications included services he never subscribed to, such as caller tunes, and led to unauthorized deductions from his airtime.

Anene claimed the interruptions caused him to miss critical business calls and endure embarrassment, especially as the strange calls occurred at odd hours. He initially demanded over N200 million in damages.

MTN, in its defense, argued that Anene had agreed to its terms and conditions when purchasing a SIM card and that all services provided were subscribed to by him. However, during cross-examination, MTN’s witness admitted the terms and conditions on the SIM starter kit were so tiny they were unreadable.

The High Court had acknowledged that MTN’s actions violated Section 37 of Nigeria’s Constitution, which protects citizens’ privacy, and declared that unsolicited messages and deductions from Anene’s airtime were unlawful. While the court awarded N300,000 in damages, it declined to grant the full amount Anene sought, citing insufficient evidence for the 88 calls he mentioned.

Unhappy with the lower award, Anene appealed, asking for more significant compensation. MTN also filed a cross-appeal, claiming the initial award was excessive given the deductions amounted to only N14,000.

At the appellate level, the court dismissed MTN’s cross-appeal and found the company’s actions caused substantial anxiety and inconvenience to the lawyer. The judges noted that MTN likely profited significantly from similar practices affecting millions of Nigerians, calling such gains “unlawful enrichment.”

In a unanimous decision, the Appeal Court raised the compensation to N15 million, stating that the original award did not reflect the gravity of MTN’s actions. The court described the fine as necessary to deter further violations of privacy by the telecom giant.

“This judgment is a warning to companies exploiting Nigerians through unsolicited services,” the judge concluded, emphasizing the need for accountability in protecting consumer rights.

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