The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages for violating a customer’s right to privacy. The court ruled that MTN’s actions, which included sending unsolicited messages and callertunes, infringed on the customer’s rights and disrupted their quiet enjoyment of airtime.
The court held that MTN’s persistent sending of unsolicited messages and imposition of callertunes, despite the customer’s activation of the Do Not Disturb (DND) option, breached the subscriber’s privacy under Section 37 of the Nigerian Constitution.
The customer, Ezugwu Anene, had initially filed the case at the FCT High Court, where he accused MTN of making 88 unsolicited calls at odd hours and sending numerous text messages. The Appeal Court upheld Anene’s claim, awarding N15 million as compensation and criticizing MTN’s practices. Justice Abang noted that the unsolicited services likely generated substantial, illegitimate income for the company.
The Appeal Court dismissed MTN’s cross-appeal, stating it lacked merit. The court also suggested that exemplary damages should have been awarded to deter such practices.The ruling has significant implications for telecommunications providers in Nigeria, emphasizing the need for respect for customer choices and privacy rights.
Source: https://www.lindaikejisblog.com
