TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Unsolicited messages – The Nation

The Citizen by The Citizen
June 15 2017
in Public Affairs
A A
0
MNP: Porting activities rise by 20,190 in March – NCC
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter
  • Subscribers can seek rights and win against mobile service providers

Global System for Mobile (GSM) communication service providers have to learn a lesson from the judgment of the Court of Appeal against one of their own, MTN, over unsolicited messages they often send to their subscribers. The court upheld part of the May 15, 2013 judgment of Justice Adeniyi Ademola of the Federal High Court, Abuja, in respect of a suit filed by a lawyer and MTN subscriber against the telecoms giant. Godfrey Eneye had filed the suit marked FHC/ABJ/CS/431/2012 before Justice Ademola, contending that MTN had violated his rights by revealing or permitting his private line registered with the network provider to be accessed by other organisations and persons ‘who sent unsolicited, irritating and annoying messages to the said line’.

He had stated in his suit that, “The respondent (MTN) offers and provides a bulk SMS message service to customers and permits the sending of bulk messages by individuals, organisations and other bodies through their network upon certain specified conditions agreed between the respondent and the respective subscribers to the said bulk SMS service.”

Justice Ademola found merit in Eneye’s case and awarded the case in his favour. Dissatisfied, MTN appealed the judgment and its appeal was thrown out by the three-man panel that heard it at the Abuja Division of the Court of Appeal. The three-man bench, led by Justice Tinuade Akomolafe-Wilson unanimously agreed that the telecoms firm violated its subscriber’s right to privacy as guaranteed under Section 37 of the 1999 Constitution.

Justice Emmanuel Agim, who prepared the lead judgment said: “By giving those unknown persons and organisations access to the respondent’s MTN GSM phone number, to send text messages into it, the appellant violated the respondent’s fundamental right to privacy guaranteed by section 37 of the Constitution which includes the right to the privacy of a person’s telephone line.

“The said section 37 of the 1999 Constitution provides that, ‘The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic conversations is hereby guaranteed and protected’.

“The innumerable text messages without his consent at all times is a violation of his fundamental right to the privacy of his telephone conversations, correspondence and his person and telephone line and telephone message inbox.”

According to the judge, the infringement also violated Rule 14(1)(b), (2) and (3) of the General Consumer Code of Practice Rules and the Consumer Code of Practice Regulations 2007, both of which were regulations made on the strength of section 70 of the Communications Act.

Although the N3million that the appellate court asked MTN to pay to the subscriber, with 10 percent interest from the day of the judgment is peanut considering the enormous financial resources of the telecoms provider, it is important in its symbolism. Unsolicited messages are only one of the many infractions of the GSM service providers against their subscribers. However, many Nigerians merely bemoan their fate in the face of these infractions; they hardly explore the court option apparently because of the time and resources it would take to conclude the matter.

We commend Eneye for seeing the matter to its logical conclusion. With the judgment, it should be clear to the telecoms providers that there are some subscribers who are ready to seek the enforcement of their rights at the law courts; thus keeping the firms on their toes.

We must state though, that it is largely the failure of regulation that makes these firms to take subscribers for granted. No doubt GSM has revolutionised the way we do things in the country as in other places, and Nigerians are happy for this. But when will call drops and network failures in the middle of conversation stop? To now worsen matters, the service providers inundate subscribers with unsolicited messages and calls that they never bargained for

Share9Tweet6
Previous Post

CCT discharges, acquits Saraki

Next Post

Senate and the anti-graft war – Thisday

Related Posts

FG launches digital platform to transition to paperless operation
Public Affairs

LGs: Executive Order opposes federalism – Punch

December 30 2025
US launches strikes against ISIS terrorists in Sokoto
Public Affairs

Implications of US air strikes in Nigeria – Punch

December 29 2025
Sole administrator confirms release of withheld Rivers LG allocations
Public Affairs

Emergency: Supreme Court ruling assaults federalism – Punch

December 26 2025
Egbetokun, cancel tinted glass order – Punch
Public Affairs

Egbetokun, cancel tinted glass order – Punch

December 22 2025
‘It’s skewed against us’, Northern senators query Tinubu’s 2024 budget
Public Affairs

2026: What manner of federal budget! – Punch

December 18 2025
Soyinka decries Seyi Tinubu’s ‘excessive’ security escort
Public Affairs

Seyi Tinubu’s outlandish security escorts – Punch

December 12 2025
Next Post
Senate and the anti-graft war – Thisday

Senate and the anti-graft war - Thisday

Police IG orders removal of illegal revenue roadblocks nationwide

Addressing Ikorodu serial barbaric killings - Punch

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Ogun State cancels Awujale selection process

Ogun State cancels Awujale selection process

by The Editor
December 18 2025
0

...

60 princes vie for Awujale stool as Ogun govt reviews selection process

60 princes vie for Awujale stool as Ogun govt reviews selection process

by The Editor
December 16 2025
0

...

Police dismiss gunmen attack in Lagos community

Police dismiss gunmen attack in Lagos community

by The Editor
December 12 2025
0

...

Awujale bid: Ruling house rejects KWAM1’s application

Awujale bid: Ruling house rejects KWAM1’s application

by The Editor
December 11 2025
0

...

APPOINTMENTS

FG targets Dana Air assets to refund trapped passenger funds

FG reshuffles NCAA directors amid corruption allegations

by The Editor
December 26 2025
0

...

Senate screens Tinubu’s nominees for NMDPRA, NUPRC

Senate screens Tinubu’s nominees for NMDPRA, NUPRC

by The Editor
December 18 2025
0

...

Govt launches power outage reporting app

Pres. Tinubu reconstitutes NERC board

by The Editor
December 18 2025
0

...

Transcorp Hotels appoints Dr. Awele Elumelu as board chair

Transcorp Hotels appoints Dr. Awele Elumelu as board chair

by The Editor
December 16 2025
0

...

ODDITIES

Woman battling cancer seeks second wife for sex-starved husband

Woman battling cancer seeks second wife for sex-starved husband

by The Editor
December 27 2025
0

Man kills cousin over ₦1,000 burial refund in Delta State

Man kills cousin over ₦1,000 burial refund in Delta State

by The Editor
December 22 2025
0

Gunmen attack bereaved Benue family, demand proceeds from burial

Gunmen attack bereaved Benue family, demand proceeds from burial

by The Editor
December 20 2025
0

GLOBAL NEWS

Yemen declares state of emergency, orders UAE troops out

Yemen declares state of emergency, orders UAE troops out

by The Editor
December 30 2025
0

...

Guinea’s junta chief Mamady Doumbouya

Junta chief Doumbouya takes early lead in Guinea election

by The Editor
December 30 2025
0

...

China condemns US arms sales to Taiwan

China condemns US arms sales to Taiwan

by The Editor
December 29 2025
0

...

AU, Somalia, others denounce Israel’s recognition of Somaliland

AU, Somalia, others denounce Israel’s recognition of Somaliland

by The Editor
December 27 2025
0

...

Biden asks Israel to scale down Gaza attacks

Israel recognises Somaliland as sovereign state

by The Editor
December 26 2025
0

...

State of the States

Gombe governor leads funeral prayers for seven journalists

Gombe governor leads funeral prayers for seven journalists

by The Editor
December 30 2025
0

...

Gov. Adeleke signs Osun 2026 appropriation bill into law

Gov. Adeleke signs Osun 2026 appropriation bill into law

by The Editor
December 29 2025
0

...

Enugu govt proves ownership of Abuja property

Enugu govt proves ownership of Abuja property

by The Editor
December 22 2025
0

...

Gov. Yusuf approves foreign training for Kano nurses, doctors

Kano approves ₦3.77 bn to fix schools, pay suppliers

by The Editor
December 20 2025
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
BREAKING: Peter Obi dumps Labour Party, defects to ADC

BREAKING: Peter Obi dumps Labour Party, defects to ADC

December 31 2025
Obi, Otti storm INEC, submit Supreme Court judgement on Labour Party crisis

2027: I will not defect with Obi, says Alex Otti

December 30 2025
Gombe governor leads funeral prayers for seven journalists

Gombe governor leads funeral prayers for seven journalists

December 30 2025
AFCON 2025: Nigeria beat Uganda 3-1 to top group

AFCON 2025: Nigeria beat Uganda 3-1 to top group

December 30 2025

EDITORIAL REVIEW

FG launches digital platform to transition to paperless operation

LGs: Executive Order opposes federalism – Punch

by The Editor
December 30 2025
0

US launches strikes against ISIS terrorists in Sokoto

Implications of US air strikes in Nigeria – Punch

by The Editor
December 29 2025
0

Sole administrator confirms release of withheld Rivers LG allocations

Emergency: Supreme Court ruling assaults federalism – Punch

by The Editor
December 26 2025
0

Egbetokun, cancel tinted glass order – Punch

Egbetokun, cancel tinted glass order – Punch

by The Editor
December 22 2025
0

‘It’s skewed against us’, Northern senators query Tinubu’s 2024 budget

2026: What manner of federal budget! – Punch

by The Editor
December 18 2025
0

Opinion

Air Peace pledges free evacuation, medicals for trafficked Nigerian girls in Ivory Coast

No, Nigerian airfares are not the cheapest

by The Editor
December 29 2025
0

...

Tax document fraud: Governance and trust deficit

Tax document fraud: Governance and trust deficit

by The Editor
December 22 2025
0

...

Peter Mbah’s visionary leadership and the rebirth of security in Enugu State

Peter Mbah’s visionary leadership and the rebirth of security in Enugu State

by The Editor
December 8 2025
0

...

Kebbi military withdrawal: Purge the enemies within – Punch

Insecurity: Dangers of mass recruitment and necessity for institutional reforms

by The Editor
December 8 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.