Unsolicited messages: Appeal Court fines MTN N15m - Newstrends
Connect with us

metro

Unsolicited messages: Appeal Court fines MTN N15m

Published

2 years ago

on

MTN Defends Mobile Data Prices, Says Nigeria Among World’s Cheapest Markets

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.

READ ALSO:

“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

Loading

Related Topics:
Advertisement

metro

Rivers police arrest 50-year-old man over alleged defilement of two minors

Published

2 hours ago

on

July 31, 2026

By

Rivers police arrest 50-year-old man over alleged defilement of two minors
Spokesperson for the Rivers State Police Command, Blessing Agabe

Rivers police arrest 50-year-old man over alleged defilement of two minors

The Rivers State Police Command has arrested a 50-year-old man, identified as Godwin, over the alleged defilement of two minors in Ogale community, Eleme Local Government Area of the state.

The minors, aged 13 and 11, were reportedly referred for medical examination as part of the ongoing police investigation.

The suspect was arrested on Monday by operatives of the Eleme Police Division after the parents of the two girls lodged a formal complaint with the police.

A relative of one of the minors, identified as Cletus, alleged that the suspect used errands to gain access to the children.

According to him, the suspect would allegedly send the girls to purchase items and invite them into his room when they returned.

Cletus further alleged that the suspect would lock the door and increase the volume of music playing in the room before carrying out the alleged acts.

He also claimed that the girls were threatened and warned not to disclose what had allegedly happened to them.

READ ALSO:

The allegations have not been proven in court, and the suspect is presumed innocent unless found guilty by a court of competent jurisdiction.

Confirming the arrest, the spokesperson for the Rivers State Police Command, Blessing Agabe, said the suspect was in police custody and that investigations were ongoing.

Agabe said the police had issued medical forms to the parents of the minors to enable the girls to undergo medical examinations.

She explained that the medical findings would assist investigators in determining relevant facts and the appropriate next steps in the case.

“Yes, I can confirm the arrest of the suspect. He is in our custody,” Agabe said.

“However, the police issued a medical form to allow the girls to undergo an examination.”

The police spokesperson added that investigators were awaiting the medical reports, noting that the results would form part of the evidence being considered in the case.

She said the investigation was still ongoing and that the medical examinations were an important part of the process.

The case has renewed concerns about the protection of children and the need for parents, guardians, schools, community leaders and relevant authorities to respond promptly to reports of suspected sexual abuse.

Child-protection advocates have continued to call for timely reporting, professional medical care, appropriate psychosocial support and thorough investigations in cases involving minors.

The police are expected to determine the next course of action after reviewing the medical findings and other evidence gathered during the investigation.

As of the time of filing this report, the Rivers State Police Command had not announced the conclusion of the investigation or stated whether the suspect would be charged.

Rivers police arrest 50-year-old man over alleged defilement of two minors

Loading

Continue Reading

metro

Ansar-Ud-Deen Society to Commission New National Headquarters Saturday, Tinubu Expected as Special Guest

Published

4 hours ago

on

July 31, 2026

By

Ansar-Ud-Deen Society to Commission New National Headquarters Saturday, Tinubu Expected as Special Guest

Lagos, Nigeria – The Ansar-Ud-Deen Society of Nigeria is set to commission its new national headquarters on Saturday, August 1, 2026, in Surulere, Lagos, marking another milestone in the organization’s more than a century of service to Islam, education and national development.

According to an official announcement by the society, President Bola Ahmed Tinubu, GCFR, is expected to attend the event as the Special Guest of Honour. The President, who is also the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, is scheduled to officially commission the edifice.

The newly completed headquarters, named Hassanat Abebi Okunnu House, is located at 57/61, Fashoro Street, Surulere, Lagos. The project is expected to serve as the administrative hub of the society’s nationwide activities.

The commissioning ceremony is themed around the society’s enduring commitment to service, with the slogan, “A Legacy of Service. A Future of Impact.” The event also carries the broader message, “Building on Our Past. Serving the Present. Inspiring the Future.”

Founded on December 21, 1923, the Ansar-Ud-Deen Society of Nigeria is one of the country’s oldest Islamic organizations, renowned for its contributions to education, moral development, healthcare and community service.

To enable wider participation, the society has announced that the commissioning ceremony will be streamed live via Zoom and on its official Facebook platform, allowing members and well-wishers across Nigeria and beyond to witness the historic occasion virtually.

The event is expected to attract religious leaders, government officials, traditional rulers, members of the society and other distinguished guests from across the country.

Ansar-Ud-Deen Society to Commission New National Headquarters Saturday, Tinubu Expected as Special Guest

Loading

Continue Reading

metro

Lagos moves to improve waste disposal, unveils new road, platforms 

Published

5 hours ago

on

July 31, 2026

By

Lagos moves to improve waste disposal, unveils new road, platforms 

 

The Lagos State Government has intensified efforts to tackle waste disposal challenges by commissioning a rehabilitated internal road and newly constructed disposal platforms at the Olusosun Disposal Facility, a move expected to accelerate waste evacuation and improve sanitation across the state.

The infrastructure, inaugurated on Tuesday through the Lagos Waste Management Authority (LAWMA), is designed to eliminate operational bottlenecks, improve access within the facility and reduce delays experienced by waste collection trucks, particularly during the rainy season.

Speaking at the commissioning, LAWMA Managing Director and Chief Executive Officer, Dr. Muyiwa Gbadegesin, described the project as a strategic investment aimed at strengthening the state’s waste management system and enhancing operational efficiency at one of Lagos’ busiest disposal facilities.

He explained that the rehabilitation of Road E became necessary after heavy rainfall damaged parts of the route, making it difficult for compactor trucks conveying municipal waste from different parts of the state to access the dumpsite.

According to him, the upgraded road, alongside the newly built disposal platforms, will enable more trucks to offload waste simultaneously, reduce turnaround time and improve the overall flow of waste evacuation operations.

“This project represents another important milestone in our commitment to building a more efficient and resilient waste management system for Lagos. By improving access to the disposal facility and expanding operational capacity, we are addressing immediate challenges while laying the foundation for long-term improvements in waste evacuation across the state,” Gbadegesin said.

The LAWMA boss noted that the intervention reflects Governor Babajide Sanwo-Olu’s commitment to strengthening critical waste management infrastructure through strategic partnerships with the private sector.

He commended Zoomlion Nigeria Limited for rehabilitating the road as part of its Corporate Social Responsibility initiative, adding that the relationship between the company and LAWMA had grown beyond CSR into a broader technical collaboration focused on improving waste infrastructure across Lagos.

Gbadegesin disclosed that Zoomlion is also constructing modern Transfer Loading Stations at Olusosun and Solous III, each with the capacity to process about 2,500 metric tonnes of waste daily.

He added that the state government is simultaneously investing in Material Recovery Facilities, waste-to-energy plants, biogas projects and the planned acquisition of additional compactor trucks over the next three years to expand waste evacuation capacity and improve service delivery.

According to him, Olusosun currently receives about half of the municipal solid waste generated daily in Lagos, making sustained investment in critical infrastructure essential as the state gradually transitions to a more integrated and environmentally sustainable waste management system.

Gbadegesin also reaffirmed that the planned decommissioning of the Olusosun Disposal Facility would be implemented in phases after adequate alternative infrastructure had been put in place to ensure uninterrupted waste management services.

He urged residents to support government efforts by using assigned Private Sector Participation (PSP) operators, paying waste collection bills promptly and avoiding indiscriminate dumping of refuse.

 

Managing Director of Zoomlion Nigeria Limited, Mrs. Habiba Abubakar, said the project was completed in just 26 days, ahead of schedule, describing it as the first phase of a wider partnership with LAWMA to improve waste collection, transfer and disposal infrastructure across Lagos.

 

Also speaking, President of the Association of Waste Managers of Nigeria (AWAMN), Dr. Olugbenga Adebola, praised the Lagos State Government, LAWMA and Zoomlion for the initiative.

He said improved access to disposal facilities would ease operational challenges faced by PSP operators, reduce waiting time for compactor trucks and significantly enhance waste evacuation across the state.

Adebola expressed confidence that ongoing investments in Transfer Loading Stations and other waste management infrastructure would further strengthen Lagos’ environmental management system and support LAWMA’s long-term reform agenda.

Loading

Continue Reading

Trending