MTN Fined N15 Million for Sending Unsolicited Messages to Customer

 The Court of Appeal has ordered MTN Nigeria Communications Limited to pay N15 million in general damages for inundating a customer’s phone with unsolicited messages and caller tunes without his consent.

Justice Okon Abang of the Abuja Division of the appellate court delivered the judgment in an appeal filed by a public interest lawyer, Ezugwu Anene, on Friday.

Anene had filed the case, stating that MTN made 88 unsolicited calls to his phone at odd hours, causing embarrassment, inconvenience, distraction, and anxiety. He argued that this constituted a violation of his right to privacy. The appellant initially sought N200 million in damages, citing MTN’s imposition of caller tunes and frequent unsolicited messages sent to his phone weekly.

Case Background

Before the Federal Capital Territory High Court, Anene argued that although he subscribed to MTN’s network services, he never consented to receiving weekly caller tunes, clarion child guidance, or counseling services. He further alleged that MTN deducted funds from his airtime for unsolicited services between July 2016 and March 2018, often at inappropriate hours.

Anene stated that his refusal to answer certain calls deprived him of important business opportunities, as the recurring strange calls embarrassed and disrupted his personal and professional life.

MTN’s Defense

MTN, represented by Emmanuel Iteade, denied the allegations, claiming the services in question were subscribed to by the claimant. According to MTN, the terms and conditions provided in the SIM starter kit clearly outline service agreements, and the company did not breach the claimant’s right to privacy or make unauthorized deductions.

Lower Court Judgment

The Federal High Court ruled that Section 37 of the 1999 Constitution guarantees and protects citizens’ privacy, including telephone communications. It held that MTN’s unsolicited messages and caller tunes, coupled with deductions from the claimant’s airtime, breached his right to privacy.

The court awarded N300,000 in general damages and permanently restrained MTN from sending unsolicited messages or imposing caller tunes without consent. However, it noted that the claimant failed to provide sufficient evidence to support the claim of 88 unsolicited calls.

Appeal Court Ruling

Dissatisfied with the lower court’s damages, Anene appealed, arguing that the compensation was insufficient. MTN cross-appealed, contending that the N300,000 award was excessive given the total deductions of about N14,000 from the claimant’s airtime.

Justice Abang, delivering the unanimous judgment of the appellate court, held that MTN’s actions violated the appellant’s right to privacy and caused him anxiety. The court noted that such practices likely generate substantial profits for MTN and may affect millions of Nigerians.

The appellate court criticized the lower court for not awarding exemplary damages as a deterrent, especially considering MTN’s status as a foreign company operating in Nigeria. Justice Abang remarked that if MTN sent unsolicited messages to 10 million Nigerians, it could have unlawfully profited over a trillion naira.

The appeal court set aside the lower court’s N300,000 judgment and awarded N15 million against MTN as general damages. This decision reinforces the need for telecommunications companies to respect customer privacy and operate within legal frameworks.