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

Previous Post

CCT discharges, acquits Saraki

Next Post

Senate and the anti-graft war – Thisday

Related Posts

BREAKING: Kidnapped Oyo pupils, teachers regain freedom
Public Affairs

Terror victims deserve care – Punch

August 21 2026
Unfilled tertiary education spaces debacle – Punch
Public Affairs

Unfilled tertiary education spaces debacle – Punch

August 20 2026
Reps in rowdy session over motion to summon Tinubu
Public Affairs

Accounting for recovered assets – Punch

August 18 2026
Stop recruiting youths for election violence – Punch
Public Affairs

Stop recruiting youths for election violence – Punch

August 12 2026
‘Fake’ Agency: Adeyemi insists DG appointment genuine
Public Affairs

Country of ghost workers, ghost MDAs – Punch

August 11 2026
FG embarks on expansion, decongestion of custodial centres
Public Affairs

Prison reform can’t wait any longer – Punch

August 9 2026
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

Adeleke chairmen seize Osun LG secretariats

Adeleke chairmen seize Osun LG secretariats

by The Editor
August 18 2026
0

...

APM sweeps Bauchi LG poll, wins all 20 chairmanship seats

APM sweeps Bauchi LG poll, wins all 20 chairmanship seats

by The Editor
August 18 2026
0

...

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

by The Editor
August 12 2026
0

...

Federal High Court relocates Lagos division to new complex

Federal High Court relocates Lagos division to new complex

by The Editor
August 6 2026
0

...

APPOINTMENTS

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

by The Editor
August 8 2026
0

...

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

Katsina governor swears in four permanent secretaries

Katsina governor swears in four permanent secretaries

by The Editor
August 6 2026
0

...

ODDITIES

Man sets mother on fire in Cross River over witchcraft accusation

Man sets mother on fire in Cross River over witchcraft accusation

by The Editor
August 20 2026
0

Celestial Church begins probe into Temitope Osoba’s death

Celestial Church begins probe into Temitope Osoba’s death

by The Editor
August 13 2026
0

Indimi joins appeal against $43.5m judgement award to daughters

Indimi joins appeal against $43.5m judgement award to daughters

by The Editor
August 6 2026
0

GLOBAL NEWS

UK warns citizens against travel to 28 Nigerian states over terrorism, kidnap risk

UK warns citizens against travel to 28 Nigerian states over terrorism, kidnap risk

by The Editor
August 21 2026
0

...

Country of Particular Concern: We cannot remove Nigeria’s CPC tag — US Congressman insists

Country of Particular Concern: We cannot remove Nigeria’s CPC tag — US Congressman insists

by The Editor
August 21 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada invites 1,000 candidates to apply for permanent residence

by The Editor
August 20 2026
0

...

Trump threatens to bomb Oman

Trump threatens to bomb Oman

by The Editor
August 18 2026
0

...

Putin defies Trump with second nuclear weapons test

Russia summons Japan ambassador over disputed islands row

by The Editor
August 18 2026
0

...

State of the States

Gov. Otu bows to pressure, orders release of detained critic Odama

Gov. Otu bows to pressure, orders release of detained critic Odama

by The Editor
August 20 2026
0

...

2027: Makinde to unveil APM presidential campaign council Friday

Oyo declares Thursday work-free for 2026 Isese day

by The Editor
August 19 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Account Freeze: Adeleke orders Osun Attorney-General to withdraw suit against EFCC

by The Editor
August 18 2026
0

...

Lagos leads January 2026 FAAC allocations with N55.83bn

Sanwo-Olu inducts 1,000 as Lagos internship beneficiaries hit 8,000

by The Editor
August 13 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Pres. Tinubu swears in two new ministers

Tinubu orders arrest, suspends three perm secs as ICPC uncovers new fake agency

August 21 2026
Lives of All Nigerians Carry Equal Value: ICADAR responds to Senate, House calls for reconsideration of Police withdrawal from VIPs

Northern senators renew call for state police

August 21 2026
Afenifere denies endorsing Buhari’s re-election

Afenifere raises alarm over attacks on farmers in South-West

August 21 2026
Police rescue 75 kidnapped travellers in Kaduna

Police rescue 75 kidnapped travellers in Kaduna

August 21 2026

EDITORIAL REVIEW

BREAKING: Kidnapped Oyo pupils, teachers regain freedom

Terror victims deserve care – Punch

by The Editor
August 21 2026
0

Unfilled tertiary education spaces debacle – Punch

Unfilled tertiary education spaces debacle – Punch

by The Editor
August 20 2026
0

Reps in rowdy session over motion to summon Tinubu

Accounting for recovered assets – Punch

by The Editor
August 18 2026
0

Stop recruiting youths for election violence – Punch

Stop recruiting youths for election violence – Punch

by The Editor
August 12 2026
0

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Country of ghost workers, ghost MDAs – Punch

by The Editor
August 11 2026
0

Opinion

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Tinubu swears in four Permanent Secretaries, INEC commissioner

Tinubu: The Audacity to Hope – Three years after

by The Editor
July 31 2026
0

...

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

© 2026 TheCitizen Ng. All Rights Reserved.

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

© 2026 TheCitizen Ng. All Rights Reserved.