The Court of Appeal has slammed a N5 million damages award against telecommunication giant, MTN Nigeria for exploiting a subscriber, Barrister Achunulo Godwin, through unsolicited caller tunes.
The court, sitting in Owerri, Imo State, ruled that the subscriber was subjected to unauthorized commercial adverts in place of his chosen caller tune, and that deductions were made from his airtime without consent or valid agreement.
According to court records, the respondent had activated a gospel tune titled “I Have a Dream”, but was shocked to discover that MTN had replaced it with paid adverts that promoted products and services, deducting ₦50 monthly from his balance over several months.
In a suit filed at the High Court, the respondent demanded a full account of all revenues generated through the unauthorized caller tunes, an apology, and the refund of all deductions from December 2010 to the date of judgment.
While the lower court initially ruled partially in his favour, awarding over ₦10 million in damages, MTN appealed the decision, arguing that the text messages used to establish the contract were not directly traced to them, insisting that third parties were responsible for the disputed services.
Delivering judgment on the appeal, the Court of Appeal upheld the claim that MTN engaged in exploitative and unauthorized deductions, but reviewed the damages downward to ₦5 million, stating that only proven deductions could be relied upon.
Justice Ntong Ntong, who delivered the lead judgment, condemned the practice of forcing unsolicited services on users and emphasized that telecom providers must respect consumer rights and obtain clear consent before activating paid services.
Justice Ntong emphasized that while telecom providers must stop exploiting their customers through unauthorized deductions and unsolicited services, courts must remain guided by the law and evidence.
The appellate court ruled that only N150, representing three months of deductions, was proven by the respondent, and therefore, any relief beyond that was perverse.
It also nullified the order for apology and struck out a document used in the lower court due to lack of proper service evidence.
The court’s decision is seen as a landmark judgment against unfair practices by telecom operators and a victory for consumer protection.
