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 infringing on a customer’s privacy through unsolicited messages and callertunes.

On Friday, a three-member panel unanimously decided that MTN’s conduct violated the private rights of Ezugwu Anene, a public interest lawyer, by interfering with his quiet enjoyment of purchased airtime. The lead ruling, issued by Justice Okon Abang, highlighted that telecommunications companies must respect client preferences and desist from imposing undesired services.

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

Mr. Anene initially filed the complaint in the FCT High Court, accusing MTN of making 88 unwanted calls at odd hours and sending several text messages, which caused embarrassment and worry. The lower court granted N300,000 in damages, but the claimant appealed, claiming that it was insufficient.

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

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

The court also suggested that exemplary damages should have been awarded to discourage such practices, particularly those by 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.