The Court of Appeal in Abuja has awarded N15 million in general damages to a Nigerian customer, Barrister Ezugwu Emmanuel Anene, after MTN Nigeria Communications Limited was found guilty of bombarding his phone with unsolicited messages and caller tunes.
Despite not subscribing to these services, Anene was subjected to numerous unwanted communications. The ruling was delivered by Justice Okoro Abang, who emphasized that MTN‘s actions violated Anene’s right to privacy, as well as his right to the peaceful enjoyment of the airtime he had purchased from the company.
This case was a direct result of an earlier ruling from the High Court of the Federal Capital Territory (FCT), presided over by Justice U.P. Kekemeke on September 22, 2021. In that case, Anene sought a declaration that the eighty-eight unsolicited calls he had received from MTN, which were placed during inconvenient hours, had caused him significant distress. These calls not only embarrassed and distracted him but also induced anxiety and discomfort, further infringing upon his privacy.
Justice Abang’s decision was a reinforcement of the consumer’s right to not be subjected to unsolicited communications, particularly when such actions interfere with personal well-being. The court’s ruling also highlighted the growing concern over the rights of individuals in the digital age, where companies often bombard consumers with unwanted services and advertisements.
The N15 million in damages awarded to Anene serves as a warning to companies like MTN, signaling that they must respect their customers’ rights and take responsibility for any infringement of their privacy. It also marks an important step in holding telecom companies accountable for actions that disrupt the lives of their customers. This case is likely to set a precedent in Nigeria for similar future cases involving privacy violations and consumer protection in the telecommunications sector.