In the case between Abuja-based human rights lawyer, Anene Emmanuel Ezugwu against popular telecommunications company, MTN Nigeria, the High Court of the Federal Capital Territory finds the company liable to have violated the rights of the lawyer to privacy with regards to his telephone communications.
Barristers Anene Had filed a court case in 2015 and got judgement against MTN b4 Hon Justice Ishak Bello the then Chief Judge of the FCT Abuja. His award was 5.5m. MTN appealed the case in court which saw the court reduce the 5.5million Naira award to 500,000 Naira. Anene then appealled to the Supreme Court where the case has remained to this day
PREAMBLE
The lawyer, on grounds that his right to privacy as provided by Section 37 of the Nigerian Constitution has been violated by the MTN, Nigeria, the Defendant, which often bombarded him with a total 88 needless, unsolicited calls, noisy CALLERTUNEZ, SMS, and subsequent monthly deductions of N50, demanded a total sum of 300 million Naira as compensation for damages caused by the defendant.
According to Anene, “even with the judgment of the Court, MTN continued the unwarranted deductions, and i filed the second case which judgment was delivered yesterday by another fct Abuja high court”
Hon. Justice Kekemeke of the High Court of the Federal Capital Territory while delivering judgment on cases agreed with Claimant that his rights to privacy were breached by MTN Nigeria but stated that only general damages were proved as against special damages and, consequently awarded the sum ₦300,000 Naira out of the ₦300 million Naira initially sought by the Claimant.
Reacting to the judgment, Ezugwu vowed to file an appeal against the judgment owing to the paltry sum that was awarded to him as compensation.
This case is instructive as the Nigerian legal system is still struggling to define digital rights in an era where data management poses a huge problem in a culture dominated by modern telecommunications technology
(C) Control TV 2021.
