NewStats: 3,263,585 , 8,180,620 topics. Date: Friday, 06 June 2025 at 04:02 PM 485t62

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

The Court of Appeal in Abuja has awarded N15 million as general damages against MTN Nigeria Communications Limited for disturbing its Nigerian customer’s phone number with unsolicited messages and callertunes, without the customer’s subscription to these services.

The Appeal Court ed the judgement on Friday that this action was a violation of the right to privacy and quiet enjoyment of airtime purchased by Barrister Ezugwu Emmanuel Anene, a public interest lawyer.

The judgment was delivered on Friday by Justice Okon Abang.

Facts of the Case

The matter arose from the judgment of the High Court 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 caused embarrassment, inconvenience, distraction, and anxiety, thereby breaching his right to privacy.

Anene, through his legal team, also sought over N200 million in general damages for the “disturbing unsolicited messages sent to the claimant weekly,” as well as for the “imposition of callertunes on the claimant’s mobile number.”

He argued before the High Court that although he subscribed to MTN’s network services, he never signed up for the weekly clarion child guidance, counselling, or caller tune services provided by MTN.

He said Instead, “the MTN inundated him with a large volume of messages and deducted money from his airtime for unsolicited services from July 2016 to March 21, 2018, at inappropriate hours.”

He added that his refusal to answer calls from certain numbers denied him the opportunity to receive important business calls, while the strange calls were continuously recurring and embarrassing.

On its part, MTN, represented by its staff member Emmanuel Iteade, informed the High Court that when a prospective subscriber purchases a SIM starter kit, the prepaid and conditions are clearly placed in the kit to allow careful review.

The official stated that MTN did not breach the claimant’s right to privacy or the quiet enjoyment of his airtime and did not make any fraudulent or illegal deductions from his airtime.

“All services complained about by the claimant were subscribed to by him, and the defendant merely debited him for the services,” the respondent said.

In ing judgment, the High Court held that Section 37 of the 1999 Constitution, as amended, guarantees and protects citizens’ privacy, including their homes, correspondence, telephone conversations, and telegraphic communications.

The judge also noted that MTN’s witness, when cross-examined, itted that the reference in the company’s and conditions was “so tiny, he cannot read it,” which the judge considered to be “potent” evidence.

The High Court then declared that the numerous unsolicited text messages and callertunes sent to the claimant’s phone, without his subscription to them, as well as the subsequent deductions from his airtime, constituted a breach of his right to privacy and quiet enjoyment of his airtime and phone.

The court perpetually restrained MTN from sending unsolicited text messages or imposing callertunes and deductions on the claimant’s airtime.

The court awarded N300,000 as general damages but noted that the claimant could not sufficiently prove the assertions about the 88 calls.

Dissatisfied with the N300,000 awarded, the claimant approached the Appeal Court for redress, arguing that the amount was too low.
MTN’s legal team also cross-appealed, stating that the total deductions from the claimant amounted to about N14,000 and that the N300,000 award was generous.
What the Appeal Court said

The Appeal Court agreed that the unsolicited text messages caused the appellant anxiety, adding that MTN was likely profiting substantially from this practice, and Nigerians “may not know this.”

The court opined that the trial court should have awarded exemplary damages against MTN, a foreign company, as a “deterrent”, noting that the money generated from such charges was not legitimate income for MTN.

The judge stated, “If MTN had sent unsolicited messages to 10 million phones at the time, owned by innocent Nigerians, it would have unlawfully enriched itself” to over a trillion naira.

The judge, delivering the unanimous judgment of the three-member Appeal Court , set aside the N300,000 general damages imposed by the high court.

The Appeal Court agreed with the High Court that the claimant had complained to MTN and made a personal complaint to its customer care team.

It also agreed that the claimant had activated the Do Not Disturb (DND) option, but despite these efforts, MTN persisted in sending unsolicited messages.

“In all, I award N15 million in damages in favour of the appellant and against MTN. The appeal succeeds and is allowed,” the judge concluded.

Regarding MTN’s cross-appeal, the Appeal Court dismissed it, stating it lacked merit.

https://nairametrics.com/2024/12/20/appeal-court-fines-mtn-n15-million-over-unsolicited-messages-and-caller-tunes-on-lawyers-phone/

Kudos to the claimant for going this far.
I wish more telecommunication companies would be fined. They like disturbing people with unsolicited sms and fake promos..

Hmmm

Wow..this is the best time to cashout

Good!

Hope they stop all the nonsense!

I once tried this some years ago on a smaller scale sha!

I reported the network to NCC for deducting one paltry amount from my balance!

The amount was small o i no fit talk am here but na my right and i had to test the mechanism of reporting! I wrote a formal letter, scanned and mailed it to NCC.

Na so the network call me to find out what happened!

And viola they refunded my shikini money in full.

Assuming say i get lawyer like this i for collect some millions too!

seems like I'll also charge this mtn people most especially on this there screen/popup messages.
They will just send message to your screen and before you know it you've press OK and boom unwanted activation starts

This thing is so annoying.

Not even the text messages alone but those random popup messages that show up in the middle of whatever you are doing on your phone. You then have to press cancel and tell them why you are pressing cancel.

🫤

useless MTN...always disturbing with dia unsolicited messages


well deserved

Should also sue them for their cunning way of making people subscribe for extra data than they need

You'd choose a data plan when option to pay comes they'd hide the continue key and make u borrow money unaware to buy more data u don't need.

Good.

I'm even considering suing Google and playstore for unsolicited ads on apps.

Them give me too and I will sue them too for not seeking my consent

A time like that I press 1 or 11 while making call , not knowing say they've reg me for a caller tune I no send them ..

MTN will not allow someone to rest most especially when you are expecting important and urgent credit alert

Na we go pay the fines last last

The sins of Mtn are many.

Glo is the worst with annoying unsolicited messages
When are u going to fine them too.....or is the Nigerian owner above the law?

MTN's staff and witness don buy market. After MTN pay, they go show am the door wey he go take follow and disappear.

Very good development.

The unsolicited messages is becoming too much this days. Tired of deleting already.

Na glo them supposed knack this fine.

Those guys go send you over 10 unreasonable messages in a day.

Very annoying thing.

Person go dey expect alert
Patiently
MTN go dey send you message to come put #200 callect #8000 recharged card
Werey network......
E reach to fine dem

Long overdue.
This needed to happen

Who took MTN to court on this matter? Why are they not taking other Network providers that are not delivering?

israelmao:
MTN will allow someone to rest mostl especially when you are expecting important and urgent credit alert

Soo annoying. I can definitely relate

Chijeep:
seems like I'll also charge this mtn people most especially on this there screen/popup messages.
They will just send message to your screen and before you know it you've press OK and boom unwanted activation starts

How can it be deactivated pls

Ok, noted.

Chai nobody dey message me with early morning text. Naa only Mtn dey try for me

That fine is too small. MTN is making millions of naira every single day from unwated services subscribed to their customers without their consent.

You load airtime, the next thing your money is gone, then you get messages informing you of your renewed plans.

Nigerians are waking up to rights.
That was the same manner VIO was thrown out of Abuja roads.
Very soon DSTV will pay for all the extortions they're doing.

MTN is no longer a South African business; its now MTN Nigeria in case una no know. Cash out sweet!

Morbeta11:


https://nairametrics.com/2024/12/20/appeal-court-fines-mtn-n15-million-over-unsolicited-messages-and-caller-tunes-on-lawyers-phone/

Remain Glo. Everyday useless messages am tired of them

MTN has been receiving it left, right and center from the govt in the last few months. Despite fact the fact that they also pay highest VAT in d country and incurred losses from many litigations.

NCC has also not allowed them to increase their proposed tariffs.

That's why you see their internet and call services fluctuating and performing poorly recently.

They are feeling the hit much. They have been reporting continuous losses in recent reports.

I will not be surprised if they decide to sell their stake in Nigeria in next 2 or 3 years and japa to another country, if things don't change.

Abeg make dem add glo and Airtel God forbid bad thing.