Court Orders MTN Nigeria to Pay N15 Million for Unlawful Airtime Deductions

In a major victory for Nigerian telecom consumers, the Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in damages to a subscriber, Mr. Ezugwu Anene, for unlawfully deducting his airtime through unsolicited services.

The three-member panel of Justices delivered a unanimous verdict, branding MTN’s practice of auto-renewing services that customers did not subscribe to as fraudulent. The court declared that these deductions from customers’ airtime balances were illegal and unjust.

The Justices also ruled that MTN’s practice of sending unsolicited text messages breached subscribers’ right to privacy, a right guaranteed under Section 37 of Nigeria’s 1999 Constitution (as amended). Additionally, the court found that MTN’s actions violated Regulation 28 of the Consumer Code of Practice Regulations.

The ruling followed an appeal (marked CA/ABJ/CV/137/2022) filed by Mr. Anene, who sought justice after experiencing repeated deductions from his airtime without his consent.

Consumer rights advocates have welcomed the judgment, describing it as a groundbreaking step towards holding telecom operators accountable for their treatment of subscribers. Complaints about unsolicited services and unauthorized deductions have been widespread in the telecommunications industry.

The judgment sends a strong message to telecom operators, emphasizing the need to respect consumer rights and uphold privacy standards.

As of this report, MTN Nigeria has not issued an official response to the ruling. Legal experts suggest the company may consider appealing the decision at the Supreme Court.