Court Of Appeal Fines MTN N15 Million For Unsolicited Messages 

The Court of Appeal in Abuja has imposed a N15 million fine on MTN Nigeria Communications Limited for bombarding a customer with unsolicited messages and caller tunes, despite the customer not subscribing to the services.

Justice Okon Abang delivered the judgment on Friday, ruling in favour of public interest lawyer Ezugwu Anene, who had filed the appeal after initially being awarded N300,000 by a Federal Capital Territory (FCT) High Court.

Anene claimed that MTN sent him 88 unsolicited calls and messages, often at inappropriate hours, between July 2016 and March 2018. He argued that these actions caused him embarrassment, anxiety, and distraction, violating his right to privacy under Section 37 of the 1999 Constitution.

The appellant further alleged that MTN deducted money from his airtime for services he never subscribed to, including weekly child guidance and caller tune services, and sought N200 million in damages.

MTN, represented by Emmanuel Iteade, argued that all services were subscribed to by the customer, either explicitly or as part of the prepaid terms and conditions included in their SIM starter kits. The company denied breaching Anene’s rights or making unauthorised deductions.

However, under cross-examination, MTN’s witness admitted that the terms and conditions in the starter kit were printed in font sizes too small to be legible.

The FCT High Court had ruled that MTN’s actions breached Anene’s right to privacy, awarding him N300,000 in damages and restraining the company from further unsolicited messages and deductions. However, the court noted that Anene could not conclusively prove the 88 calls he cited.

Unhappy with the lower court’s decision, Anene appealed for a higher award, while MTN cross-appealed, arguing the N300,000 fine was excessive.

Justice Abang, leading a three-member appellate court panel, upheld the violation of Anene’s rights and set aside the initial damages, replacing them with a N15 million award. He criticized MTN for its likely profit-driven practice of sending unsolicited messages.

The judge observed, “If MTN had sent unsolicited messages to 10 million Nigerians, it would have unlawfully enriched itself by over a trillion naira. This practice cannot be ignored.”

Justice Abang also highlighted the need for exemplary damages to deter foreign companies from exploiting Nigerian consumers.

The judgment sends a strong message to telecommunications companies about respecting customer rights and ensuring compliance with consumer protection laws.