In a landmark decision, the Court of Appeal sitting in Abuja has directed MTN Nigeria Communications Limited to pay ₦15 million in damages for the unauthorized deduction of airtime belonging to a subscriber. The ruling, delivered on Friday by a three-member panel of justices, condemned the deductions as fraudulent and a violation of customer rights.
The court found that MTN routinely deducted subscribers’ airtime to auto-renew unsolicited services, a practice deemed both unethical and illegal. The judgment also declared that sending unwarranted text messages to subscribers constitutes a breach of privacy under Section 37 of the 1999 Constitution (as amended) and a violation of Regulation 28 of the Consumer Code of Practice Regulations.
The case, marked CA/ABJ/CV/137/2022, was brought forward by Mr. Ezugwu Anene, an aggrieved customer who alleged that MTN deducted ₦20 from his airtime balance on over 244 occasions between 2016 and 2018. The deductions were linked to a Weekly Guidance and Counseling service he claimed he never subscribed to, alongside charges for Caller Tune services that were imposed without his consent.
Despite lodging complaints at MTN’s Abuja office and activating the Do-Not-Disturb (DND) service via the prescribed code, 2442, Anene reported that the deductions persisted unabated.
The appellate court, in its unanimous decision, described MTN’s actions as a gross infringement of Anene’s rights and a disservice to consumer protection regulations. The ₦15 million awarded to Anene serves as compensation for the financial loss and distress caused by the telecom giant’s unauthorized activities.
This judgment underscores the judiciary’s commitment to upholding consumer rights and holding service providers accountable for unethical practices. It also sets a precedent for similar cases, emphasizing the importance of corporate adherence to regulatory standards and respect for customer privacy.
MTN Nigeria is yet to issue an official statement regarding the ruling.
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