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Unsolicited messages: Appeal Court fines MTN N15m

Published

2 years ago

December 20, 2024

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.

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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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Fatal NURTW Leadership Clash in Osun Leaves Two Dead; State Orders Park Shut Down

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Lagos Power Outage: Ikeja Electric Blames TCN as Businesses, Homes Groan

Published

6 hours ago

September 15, 2026

Trends Admin

Lagos Power Outage: Ikeja Electric Blames TCN as Businesses, Homes Groan

Residents and businesses in several parts of Lagos are enduring prolonged power outages, with Ikeja Electric attributing the disruption to significant constraints on the Transmission Company of Nigeria (TCN) network.

The development has triggered frustration among electricity consumers who say the prolonged blackout is disrupting household activities and commercial operations, while increasing their dependence on generators and other alternative sources of power.

Ikeja Electric, one of Nigeria’s largest electricity distribution companies, said the situation was caused by a reduction in the amount of electricity available to it from the transmission network.

According to the company, the transmission constraints have affected the volume of power it can distribute to customers across parts of its franchise area, resulting in extended periods of load-shedding.

The company said it was engaging with TCN over the situation and was working to improve supply to affected communities as soon as additional transmission capacity becomes available.

The latest disruption has affected customers in several parts of Lagos, with residents in areas including Akoka, Egbeda, Ojodu Berger, Ogudu and Shomolu reporting prolonged interruptions.

Some residents said electricity supply had been unavailable for several consecutive days, while others reported intermittent restoration followed by further outages.

The disruption has also affected small businesses and households that rely heavily on electricity for daily activities.

Business operators such as barbers, hairdressers, food vendors, cold-room operators, charging-centre owners, internet-dependent businesses and other small enterprises have been particularly affected by the unreliable supply.

For many households, prolonged outages have also affected refrigeration, water pumping, phone charging, internet access and other basic activities that depend on electricity.

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The situation has forced some residents and businesses to increase their use of generators, adding to operating costs at a time when fuel and other energy expenses remain high.

Some consumers have also resorted to commercial charging centres and other paid alternatives to keep phones, rechargeable devices and business equipment operational.

The latest disruption comes amid continuing challenges across Nigeria’s electricity value chain, where problems involving generation, gas supply, transmission infrastructure and distribution networks can affect electricity availability to consumers.

TCN operates the country’s transmission network, while electricity distribution companies such as Ikeja Electric are responsible for delivering available power to customers through their distribution networks.

This distinction is significant in the latest Lagos outage because Ikeja Electric has attributed the immediate supply shortfall to constraints on the transmission network, rather than announcing a fault affecting its entire distribution system.

Power interruptions in Lagos, however, have previously resulted from different causes.

Parts of the state have experienced outages linked to distribution equipment faults, infrastructure damage, planned maintenance and other incidents affecting electricity infrastructure.

Earlier disruptions in Lagos have also been associated with incidents such as tanker fires damaging electricity infrastructure, while transmission maintenance and constraints have caused supply reductions in other instances.

The varying causes mean that the duration and geographical spread of an outage can differ significantly from one community or electricity feeder to another.

Ikeja Electric has apologised to affected customers over the latest disruption and said it understands the difficulties caused by the reduced supply.

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The company said it was monitoring developments and engaging relevant stakeholders in an effort to restore improved electricity supply.

The latest development has again highlighted concerns over the vulnerability of Lagos residents and businesses to fluctuations in electricity supply.

For many small businesses, prolonged blackouts mean additional spending on diesel or petrol-powered generators, while households face similar costs when alternative electricity sources are required.

The disruption also comes at a time when businesses are already dealing with high operating costs, making extended reliance on generators an additional financial burden.

Consumers have increasingly called for more reliable electricity supply and better coordination among the different operators in Nigeria’s power sector.

The TCN, generation companies and distribution companies form interconnected parts of the electricity supply chain, meaning a constraint at one stage can quickly affect consumers downstream.

For Ikeja Electric customers, the immediate expectation is that transmission constraints will ease and supply will gradually improve across the affected feeders.

Until then, residents and businesses in the affected areas may continue to experience irregular electricity supply depending on available transmission capacity and the operational condition of individual distribution feeders.

The latest outage has therefore renewed the debate over Nigeria’s long-standing electricity challenges and the need for sustained investment in power generation, transmission and distribution infrastructure to provide more stable electricity for homes and businesses.

For Lagos, where thousands of businesses depend on electricity for daily operations, prolonged outages carry consequences beyond inconvenience, affecting productivity, household welfare and the cost of doing business.

Ikeja Electric said it would continue to provide updates as the situation develops and work with TCN to improve supply to affected customers.

Lagos Power Outage: Ikeja Electric Blames TCN as Businesses, Homes Groan

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Sokoto Shuts Mosque After Cleric Stabbing, Names Ulamas Probe Panel

Published

7 hours ago

September 15, 2026

Trends Admin

Sokoto Shuts Mosque After Cleric Stabbing, Names Ulamas Probe Panel

The Sokoto State Government has ordered the immediate closure of the Musa Lukuwa Jumu’at Mosque in Mabera, Sokoto metropolis, after a cleric was stabbed during Friday prayers and his attacker was killed by an angry mob.

The mosque, which the government describes as a crime scene, will remain shut until further notice. A committee of Islamic scholars (Ulamas) has also been constituted to investigate the remote and immediate causes of the incident and recommend measures to prevent a recurrence. The announcement was contained in a statement issued on Tuesday by the Director General, Media and Publicity, Government House, Abubakar Bawa.

The crisis began on Friday, September 11, 2026, shortly after Malam Musa Lukuwa led the Jumu’at prayer. A young man among the worshippers attacked the cleric, stabbing him twice in the neck and left hand. Worshippers overpowered the suspect and beat him to death before security operatives could arrive. Police spokesman DSP Ahmad Rufa’i confirmed that the cleric was rushed to the Specialist Hospital in Sokoto, where he was treated and later discharged. Lukuwa subsequently appeared in a video circulated on social media, with a plaster covering part of his neck, appealing for calm and assuring his followers that he was in stable condition. The Commissioner of Police, Hayatu Hassan Shaffa, condemned the mob action as jungle justice and urged residents to allow due process. “It is imperative that we allow the law to take its course to ensure justice is served appropriately,” Shaffa said. Security personnel have been deployed to Mabera and other flashpoints, while investigations into both the stabbing and the mob killing continue. No arrest has been made in connection with the lynching.

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The attack was reportedly linked to a previous sermon in which the cleric cited a Hadith that some scholars, particularly those associated with the Tariqa order, considered offensive to the parents of Prophet Muhammad. Following the controversy, a young man identified as Mai Barewa allegedly threatened to kill Malam Musa Lukuwa and his senior student, Malam Murtala Assada. The cleric and his followers reported the threat to the police, leading to the suspect’s arrest and arraignment. A court later ordered that he be remanded in a correctional facility while the case remained pending. Four days before Friday’s incident, the clerics had also visited the Sokoto State Government House to submit a written complaint. The incident triggered protests and heightened tension around Sahara, Bello Way and Aliyu Jodi, with some businesses closing temporarily as security operatives moved into strategic locations. It came only days after protests erupted over the continued remand of another cleric, Dahiru Mai Barewa, who was accused of threatening Lukuwa and Malam Murtala Bello Assada. Police subsequently arrested about 20 people in connection with that protest.

The government said the committee would examine the circumstances surrounding the tension and make recommendations in the interest of peace and stability in the state. It also ordered a full investigation into the attack and the subsequent killing at the mosque. The state government further dissociated itself from any person, irrespective of status, who hides under the pretext of religion to undermine or disrespect Prophet Muhammad (PBUH), his parents, household and companions. It reaffirmed its “total obedience and respect” for the Prophet, his parents, household and companions, while urging residents to continue to show love and compassion to him. The government appealed to residents to desist from making inciting statements capable of jeopardising the peaceful coexistence for which Sokoto is known. It assured residents of its commitment to protecting the lives and property of every citizen in the state.

Malam Musa Lukuwa is an Islamic cleric from Lukuwa village in Gwadabawa Local Government Area of Sokoto State. He was among the early scholars associated with the Izala movement when it began gaining prominence in Sokoto State. He later became associated with the Salafiyya school of thought and established his own mosque, where he teaches Islamic studies and preaches to his followers. Lukuwa is known for his strict emphasis on adherence to the Qur’an and Hadith. His interpretation of religious practices, particularly issues surrounding the sighting of the crescent moon, has at times differed from the position announced by the Sultan of Sokoto. He maintains that decisions on the commencement and termination of fasting should be based on what he considers credible evidence of the sighting of the crescent, in line with the teachings of the Qur’an and Hadith.