The Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages for violating a customer’s privacy by sending unsolicited messages and imposing callertunes.
A three-member panel of judges unanimously ruled on Friday that MTN’s actions infringed on the privacy rights of Ezugwu Anene, a public interest lawyer, disturbing his use of airtime that he had legally purchased. The lead judgment, delivered by Justice Okon Abang, emphasized that telecom companies like MTN must respect customer preferences and refrain from imposing unwanted services.
The Court held that MTN’s continued sending of unsolicited messages and activating callertunes, despite the activation of the Do Not Disturb (DND) feature by the claimant, was a violation of privacy. This breach was in clear contravention of Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations.
The ruling highlights the importance of consumer rights in telecommunications and the need for telecom providers to uphold the privacy of their customers. The court’s decision sets a precedent for holding companies accountable for actions that disregard customer choices, ensuring that customers can enjoy a peaceful, uninterrupted experience with their telecom services.
This decision underscores the growing need for telecom providers in Nigeria to adopt best practices in customer service and privacy protection, respecting customers’ rights to control the services they receive.
