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Unsolicited messages: Appeal Court fines MTN N15m
Unsolicited messages: Appeal Court fines MTN N15m
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 passed 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 terms 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.
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“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 passing 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, admitted that the reference in the company’s terms 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 panel, 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.
Unsolicited messages: Appeal Court fines MTN N15m
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Benue School Harassment: Authorities Investigate Assault on Female Student at Seat of Wisdom Aliade
Benue School Harassment: Authorities Investigate Assault on Female Student at Seat of Wisdom Aliade
Authorities in Benue State have launched an investigation following a disturbing incident at Seat of Wisdom Secondary School, Aliade, where a female student was reportedly harassed and assaulted by her peers. The event has raised serious concerns over student safety and supervision in the state’s schools.
According to preliminary reports, the victim, a female student at the school, was subjected to inappropriate treatment by a group of classmates while on school premises. The incident came to light after other students alerted the school authorities, prompting the administration to notify local law enforcement.
The Benue State Police Command confirmed that officers have begun a formal investigation. Police spokespersons said statements are being taken from witnesses, and the identities of those involved are being verified. Officials have emphasized that the safety and well-being of all students remain a top priority.
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School management has pledged full cooperation with authorities, stating that disciplinary measures will be taken against any student found responsible, while also offering counselling services for both the victim and other students affected by the incident. Parents and community leaders have condemned the act, describing it as unacceptable and a violation of students’ rights.
Child protection experts have stressed that incidents like this highlight the urgent need for robust safety policies, awareness programs, and reporting mechanisms within schools. They recommend that schools implement regular workshops on respect, personal boundaries, and peer conflict resolution to prevent future occurrences.
The case has sparked broader discussions across Benue State about the responsibilities of school administrators, teachers, and guardians in protecting students from harassment and ensuring a safe learning environment.
Authorities have assured the public that the investigation will be thorough, and anyone found culpable will face legal consequences in accordance with Nigerian law.
Benue School Harassment: Authorities Investigate Assault on Female Student at Seat of Wisdom Aliade
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Violent Protest in Ogoja After Man Allegedly Kills Girlfriend in Cross River
Violent Protest in Ogoja After Man Allegedly Kills Girlfriend in Cross River
Tension has gripped Ogoja following the alleged killing of a 26-year-old woman, Moshie Igu, by her boyfriend, sparking a violent protest in Cross River and renewed concerns over gender-based violence in Nigeria.
According to the Nigeria Police Force, the suspect, 35-year-old Malime Ejor, allegedly carried out the attack in the early hours of Saturday, March 28, 2026, at a farm in Nwang Village, Ekajuk community.
Police spokesperson Sunday Eitokpah disclosed that preliminary findings show the suspect reportedly lured the victim to a nearby stream, where he attacked her with a machete, leading to her death.
Operatives responded swiftly after the incident was reported, arresting the suspect and rescuing him from an attempted mob action by enraged youths at the scene. He is currently in custody, while arrangements are being made to deposit the victim’s remains at the General Hospital mortuary in Ogoja. The police further confirmed that the case will be transferred to the State Criminal Investigation Department (SCID) in Calabar for a thorough and discreet investigation.
The situation escalated on Monday when hundreds of women and youths from Nwang I & II and other parts of the Ekajuk clan staged a protest, demanding the release of the suspect. The demonstrators marched to the Area Command in Ogoja, but the protest soon turned violent, with some protesters attacking officers and vandalising property, including a vehicle and parts of the Rapid Response Squad (RRS) facility.
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Security operatives were forced to deploy smoke canisters to disperse the crowd, while at least eight individuals were arrested in connection with the unrest. Authorities say the situation is now under control, and in a bid to ease tensions, those arrested during the protest were later released to a community leader.
The Nigeria Police Force reiterated its commitment to ensuring justice, stressing that the suspect remains in custody and will face due legal process. With the case set for transfer to SCID, authorities are expected to deepen investigations and prepare for prosecution.
The incident has sparked fresh conversations around femicide, domestic violence, and the increasing cases of relationship-related killings in Nigeria. Analysts warn that attempts by communities to interfere in criminal investigations—such as demanding the release of suspects—could undermine justice and embolden perpetrators.
Residents and stakeholders have been urged to remain calm and allow the law to take its course, as calls for justice for the victim continue to grow.
Violent Protest in Ogoja After Man Allegedly Kills Girlfriend in Cross River
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Gunmen Attack Wedding in Kaduna, Kill 13, Abduct Several Guests
Gunmen Attack Wedding in Kaduna, Kill 13, Abduct Several Guests
Suspected bandits have attacked a wedding ceremony in Kahir village, located in Kagarko Local Government Area, killing at least 13 people and abducting an unspecified number of guests.
The incident occurred late Sunday night in Kaduna State when heavily armed assailants reportedly stormed the venue and opened fire on attendees gathered for the celebration.
Eyewitness accounts indicate that the attackers arrived at about 11:47 p.m., shooting indiscriminately inside the wedding hall and causing widespread panic. A resident, Shehu Bala, said some guests sustained gunshot injuries during the assault.
According to reports, the gunmen operated for nearly an hour without resistance, leaving several casualties in their wake.
Injured victims were initially taken to Kagarko General Hospital, while those with critical injuries were later transferred to medical facilities in Kaduna for advanced treatment.
A community leader confirmed that 13 people lost their lives in the attack and have since been buried. He added that efforts are ongoing to ascertain the exact number of those abducted by the assailants.
The attackers were also said to have looted shops within the community, carting away food items, provisions, and drugs from a local chemist during the raid.
“The entire community was thrown into panic due to the heavy gunfire, forcing many residents to flee into nearby bushes,” the community leader said.
Police authorities in Kagarko have confirmed the incident but stated that investigations are still ongoing, particularly regarding the number of abducted victims. The spokesperson of the Kaduna State Police Command, DSP Hassan Mansur, also confirmed the attack, noting that a comprehensive report would be released upon conclusion of investigations.
Meanwhile, the Deputy Governor of Kaduna State, Dr Hadiza Sabuwa Balarabe, alongside a serving senator, visited injured victims receiving treatment at the hospital in Kagarko.
Gunmen Attack Wedding in Kaduna, Kill 13, Abduct Several Guests
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