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Unsolicited messages: Appeal Court fines MTN N15m

Published

1 day ago

December 20, 2024

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

Related Topics:Featured fine MTN Unsolicited messages

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Electricity: We installed 184,507 meters, issued 50 licences in Q3, says FG

Published

9 hours ago

December 21, 2024

Trends Admin

prepaid meters

Electricity: We installed 184,507 meters, issued 50 licences in Q3, says FG

The Federal Government has recorded significant progress in Nigeria’s electricity sector with the installation of 184,507 new meters and the issuance of 50 licences, permits, and certifications during the third quarter of 2024 (Q3).

The Nigerian Electricity Regulatory Commission (NERC) revealed in its Q3 2024 report released on Friday that 184,507 meters were installed, marking a remarkable 256.01% increase compared to the 51,826 meters installed in Q2 2024.

The increased metering pushed the net end-user metering rate in the Nigerian Electricity Supply Industry (NESI) to 46.15%, up from 45.43% in Q2, a rise of 0.72 percentage points.

The installations were largely carried out under the Meter Asset Provider (MAP) framework, which accounted for 178,715 meters or 96.86% of the total. The Vendor Financed framework contributed 3,508 meters, while the DisCo Financed framework added 2,298 meters.

This development signifies a concerted effort to address challenges like estimated billing and promote consumer satisfaction across the electricity distribution value chain.

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Power sector development: 50 licences issued

To complement the surge in meter installations, NERC issued 50 licences, permits, and certifications aimed at strengthening Nigeria’s power sector infrastructure. These include:

Six (6) new off-grid generation licences with a combined capacity of 30.06 MW.
One (1) renewal of an on-grid generation licence with a gross capacity of 39 MW.
Two (2) new electricity trading licences.
Eleven (11) captive generation permits with a total gross capacity of 63.36 MW.
One (1) registration certificate for a mini-grid.
Seven (7) certifications for Meter Service Providers.
Twenty-two (22) permits for Meter Asset Providers.

These licences are expected to encourage investments, improve power supply, and expand access to renewable and off-grid energy solutions, especially in rural areas.

Key Implications for the Power Sector

The surge in meter installations and issuance of licences marks a pivotal moment in Nigeria’s electricity sector. By prioritizing metering through initiatives like MAP, the government is tackling the pervasive problem of estimated billing, which has long plagued electricity consumers.

Furthermore, the rise in off-grid and mini-grid licences underscores a growing shift towards renewable energy and decentralized power solutions, vital for enhancing energy access in underserved regions.

A Promising Outlook: These advancements highlight the Federal Government’s commitment to reforming Nigeria’s power sector and creating an enabling environment for both consumers and investors.

With metering and licensing activities gaining momentum, stakeholders anticipate further progress in Q4 2024, laying the foundation for a more reliable, sustainable, and inclusive energy sector.

Electricity: We installed 184,507 meters, issued 50 licences in Q3, says FG

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Ibadan stampede: Ooni reacts after arrest of ex-wife

Published

10 hours ago

December 21, 2024

Trends Admin

Ooni of Ife, Oba Adeyeye Ogunwusi his ex-wife, Naomi Ogunseyi

Ibadan stampede: Ooni reacts after arrest of ex-wife

The Ooni of Ife, Oba Adeyeye Ogunwusi, has encouraged his ex-wife, Naomi Ogunseyi, and radio owner, Oriyomi Hamzat, not to be discouraged following the tragic stampede at a Yuletide ceremony for children in Ibadan, Oyo State, which claimed 32 lives.

The monarch also pledged support for the families of the victims and called for immediate measures to prevent such incidents in the future.

His comments followed the arrest of his ex-wife by the police and were made in a statement issued by the Director of Media and Public Affairs at the Ooni’s Palace, Moses Olafare.

In his statement, the Ooni expressed his deep sorrow, saying, “We extend our heartfelt sympathy to the government of Oyo State, the organisers—Agidigbo Radio, owned by Oriyomi Hamzat, and former queen at the Ooni’s Palace, Ms Naomi Silekunola Ogunseyi, as well as the bereaved families of the young souls lost in the tragic incident in Ibadan yesterday.”

He also expressed solidarity with the Oyo State government and commended the governor for his swift response.

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“This tragedy underscores the urgent need for collaborative efforts to ensure the safety and well-being of our children across Nigeria. The House of Oduduwa pledges to support all efforts aimed at bringing solace and healing to those affected by this devastating loss,” he added.

The Ooni called for immediate action to improve safety measures, stressing the importance of adherence to safety standards and child welfare policies in educational institutions. He advised Naomi Ogunseyi, Oriyomi Hamzat, and other co-organisers not to be discouraged by the unfortunate outcome of the event, which was originally intended to bring joy to children during the festive season.

He concluded, “Rather than being discouraged, they should remain committed to organising such laudable programmes for children, but with better planning and strategies in the future. The lesson must be learned.”

Ibadan stampede: Ooni reacts after arrest of ex-wife

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Farotimi: Advocacy group wants UK college to break ties with Afe Babalola

Published

10 hours ago

December 21, 2024

Trends Admin

Dele Farotimi and Aare Afe Babalola

Farotimi: Advocacy group wants UK college to break ties with Afe Babalola

A growing wave of international pressure is urging King’s College London to sever its ties with prominent Nigerian lawyer and philanthropist Afe Babalola following the controversial arrest of rights lawyer Dele Farotimi.

Babalola, who is a major donor to the prestigious UK institution, has been accused of using his influence to have Farotimi arrested for alleged defamation.

In a petition dated December 17, 2024, the advocacy group Mothers United and Mobilised (MUM), representing a collective of Nigerian women and mothers, called on King’s College London to distance itself from Babalola and his actions.

The petition, signed by MUM convener Boluwaji Onabolu, urged the institution to release a statement condemning the alleged suppression of dissent and to return the €10 million donation made by Babalola in 2023.

Farotimi was detained by police officers from Ekiti State, Babalola’s home state, following critical remarks about the 95-year-old lawyer in his book.

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The book criticized Babalola for allegedly winning cases with financial leverage rather than legal skill, a claim that reportedly triggered the arrest.

Farotimi was detained for more than two weeks, despite being granted bail under stringent and punitive conditions.

The group contends that the situation in Ekiti, where Babalola holds considerable influence, presents little hope for a fair trial for Farotimi.

“The defamation charge, a civil matter, should have been addressed through legal proceedings in Lagos, but instead, it was escalated to an arrest orchestrated by Chief Babalola using his home state’s police,” the petition read.

The group stressed that King’s College London, a globally recognized institution, should not be associated with actions that undermine freedom of speech and legal fairness.

The group urged the UK institution to publicly support Farotimi’s right to a fair trial and demand his release from detention.

“King’s College London must stand on the right side of history. We urge the institution to break its silence and align itself with the fight for justice, human rights, and the protection of free expression, which are fundamental to the values it represents,” the group said.