Appeal Court docket fines MTN N15 million over unsolicited messages and caller tunes on lawyer’s telephone 

The Court docket of Appeal in Abuja has awarded N15 million as normal damages towards MTN Nigeria Communications Restricted for disturbing its Nigerian customer’s telephone quantity with unsolicited messages and callertunes, with out the customer’s subscription to those providers.

The Appeal Court docket handed the judgement on Friday that this motion was a violation of the suitable to privateness and quiet enjoyment of airtime bought by Barrister Ezugwu Emmanuel Anene, a public curiosity lawyer.

The judgment was delivered on Friday by Justice Okon Abang.

Info of the Case 

The matter arose from the judgment of the Excessive Court docket of the FCT, delivered by Justice U.P. Kekemeke, on September 22, 2021.

The claimant, Anene, sought a declaration that the eighty-eight unsolicited calls made by MTN to him at odd hours brought about embarrassment, inconvenience, distraction, and anxiousness, thereby breaching his proper to privateness.

• Anene, by his authorized staff, additionally sought over N200 million typically damages for the “disturbing unsolicited messages despatched to the claimant weekly,” in addition to for the “imposition of callertunes on the claimant’s cellular quantity.”
• He argued earlier than the Excessive Court docket that though he subscribed to MTN’s community providers, he by no means signed up for the weekly clarion little one steerage, counselling, or caller tune providers offered by MTN.
• He stated As a substitute, “the MTN inundated him with a big quantity of messages and deducted cash from his airtime for unsolicited providers from July 2016 to March 21, 2018, at inappropriate hours.”
• He added that his refusal to reply calls from sure numbers denied him the chance to obtain necessary enterprise calls, whereas the unusual calls had been constantly recurring and embarrassing.
• On its half, MTN, represented by its workers member Emmanuel Iteade, knowledgeable the Excessive Court docket that when a potential subscriber purchases a SIM starter package, the pay as you go phrases and situations are clearly positioned within the package to permit cautious evaluation.
• The official said that MTN didn’t breach the claimant’s proper to privateness or the quiet enjoyment of his airtime and didn’t make any fraudulent or unlawful deductions from his airtime.

“All providers complained about by the claimant had been subscribed to by him, and the defendant merely debited him for the providers,” the respondent stated. 

• In passing judgment, the Excessive Court docket held that Part 37 of the 1999 Structure, as amended, ensures and protects residents’ privateness, together with their properties, correspondence, phone conversations, and telegraphic communications.
• The choose additionally famous that MTN’s witness, when cross-examined, admitted that the reference within the firm’s phrases and situations was “so tiny, he can not learn it,” which the choose thought-about to be “potent” proof.
• The Excessive Court docket then declared that the quite a few unsolicited textual content messages and callertunes despatched to the claimant’s telephone, with out his subscription to them, in addition to the following deductions from his airtime, constituted a breach of his proper to privateness and quiet enjoyment of his airtime and telephone.
•  The courtroom perpetually restrained MTN from sending unsolicited textual content messages or imposing callertunes and deductions on the claimant’s airtime.
• The courtroom awarded N300,000 as normal damages however famous that the claimant couldn’t sufficiently show the assertions concerning the 88 calls.
• Dissatisfied with the N300,000 awarded, the claimant approached the Appeal Court docket for redress, arguing that the quantity was too low.
• MTN’s authorized staff additionally cross-appealed, stating that the entire deductions from the claimant amounted to about N14,000 and that the N300,000 award was beneficiant.

What the Appeal Court docket stated 

• The Appeal Court docket agreed that the unsolicited textual content messages brought about the appellant anxiousness, including that MTN was seemingly profiting considerably from this follow, and Nigerians “might not know this.”
• The courtroom opined that the trial courtroom ought to have awarded exemplary damages towards MTN, a international firm, as a “deterrent”, noting that the cash generated from such expenses was not legit revenue for MTN.
• The choose said, “If MTN had despatched unsolicited messages to 10 million telephones on the time, owned by harmless Nigerians, it could have unlawfully enriched itself” to over a trillion naira.
• The choose, delivering the unanimous judgment of the three-member Appeal Court docket panel, put aside the N300,000 normal damages imposed by the excessive courtroom.
• The Appeal Court docket agreed with the Excessive Court docket that the claimant had complained to MTN and made a private criticism to its customer care staff.
•  It additionally agreed that the claimant had activated the Do Not Disturb (DND) possibility, however regardless of these efforts, MTN endured in sending unsolicited messages.

“In all, I award N15 million in damages in favour of the appellant and towards MTN. The attraction succeeds and is allowed,” the choose concluded. 

Concerning MTN’s cross-appeal, the Appeal Court docket dismissed it, stating it lacked benefit.