The Court of Appeal has awarded the sum of N15 million as general damages against MTN Nigeria Communications Limited for bombarding a customer’s phone with unsolicited messages and caller tunes, despite the customer not subscribing to the services. Justice Okon Abang of the Abuja division made the ruling on Friday, following an appeal filed by public interest lawyer, Ezugwu Anene.
Anene had claimed that the 88 unsolicited calls he received from MTN caused him significant embarrassment, anxiety, and disruption, breaching his right to privacy. The appellant argued that despite being a subscriber, he did not sign up for the weekly services or caller tunes that MTN had imposed on him from July 2016 to March 2018. The lower court had previously awarded N300,000 in damages, but Anene appealed for a higher sum.
MTN, in its defense, argued that all services were subscribed to by the claimant upon purchasing a SIM card, and the terms and conditions were clearly stated in the kit. However, the appellate court disagreed, recognizing the violation of Anene’s privacy and ruling that MTN’s actions had likely caused anxiety and profited the company substantially. The court criticized the company for potentially benefiting from unsolicited practices, and awarded N15 million in damages.
