The Court of Appeal in Abuja has ruled in favor of Barrister Ezugwu Emmanuel Anene, a public interest lawyer, by awarding him N15 million in damages against MTN Nigeria Communications Limited. This landmark judgment was delivered on Friday by Justice Okon Abang and recognized MTN’s repeated unsolicited messages and caller tunes as a violation of the claimant’s right to privacy and peaceful enjoyment of his airtime.

Facts of the Case

The dispute began with a suit filed by Anene against MTN, claiming that the telecom giant inundated him with 88 unsolicited calls and weekly messages at odd hours, causing embarrassment, inconvenience, and anxiety. Anene alleged that MTN imposed caller tunes on his phone without his consent and deducted airtime for these unsolicited services from July 2016 to March 2018.

Anene sought over N200 million in general damages and a declaration that MTN’s actions breached his right to privacy as guaranteed under Section 37 of the 1999 Constitution (as amended). He stated that his refusal to answer certain numbers due to repeated spam calls caused him to miss important business opportunities.

MTN’s Defense

MTN argued that all services were subscribed to voluntarily by Anene, and no fraudulent deductions were made. Emmanuel Iteade, representing MTN, stated that the terms and conditions of the prepaid SIM service were included in the SIM starter pack and clearly detailed. However, during cross-examination, MTN’s witness admitted that the terms were written in a font too small to be easily readable, a point the court deemed significant.

High Court Judgment

The Federal High Court of the Federal Capital Territory (FCT), in its September 2021 judgment, ruled in favor of Anene. The court declared that MTN’s unsolicited messages and deductions from airtime were a breach of privacy and a violation of the claimant’s rights. It perpetually restrained MTN from sending unsolicited messages or imposing unauthorized deductions.

The High Court awarded N300,000 in damages, noting that Anene could not adequately prove his claims about the 88 calls. Dissatisfied with the amount, Anene approached the Court of Appeal for redress, arguing that the damages were insufficient.

Court of Appeal Decision

The Court of Appeal set aside the High Court’s N300,000 award, recognizing the scale and potential impact of MTN’s practices. Justice Okon Abang, delivering the unanimous judgment of the three-member panel, noted that MTN likely profited significantly from similar practices across its customer base.

The court stated, “If MTN had sent unsolicited messages to 10 million phones at the time, owned by innocent Nigerians, it would have unlawfully enriched itself to over a trillion naira.”

The court emphasized that MTN’s actions caused anxiety to Anene, who had made efforts to stop the messages by activating the Do Not Disturb (DND) option and lodging complaints with MTN’s customer care. Despite these measures, MTN persisted.

The Appeal Court awarded N15 million in damages to Anene, emphasizing that exemplary damages should serve as a deterrent for MTN and similar corporations. The judgment highlighted that revenue generated from such unauthorized deductions could not be regarded as legitimate income.

Dismissal of MTN’s Cross-Appeal

MTN had filed a cross-appeal arguing that the total deductions amounted to only N14,000 and that the initial N300,000 award was generous. The Court of Appeal dismissed this cross-appeal, declaring it without merit.

Implications of the Ruling

This judgment sends a strong message to telecommunications companies operating in Nigeria about the importance of respecting customer rights and adhering to lawful practices. The award of N15 million in damages underscores the judiciary’s recognition of the stress and inconvenience caused by unsolicited communication and unauthorized charges.

For customers, this ruling sets a precedent, empowering individuals to challenge violations of their rights by service providers. The case highlights the role of the judiciary in holding corporations accountable and ensuring consumer protection in Nigeria.