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Unauthorised Charges – Anene vs MTN (Nig): When Supreme Court Delivered a Landmark Judgment

Published

4 months ago

October 27, 2025

Eric

The Supreme Court of Nigeria Delivered another Landmark Decision in the case of:

ANENE v. MTN (Nig) .COMM.PLC (2025) 16 NWLR ( pt 2010 ) 1

Facts of the Case:

Mr Anene, a customer of MTN, had his airtime frequently deducted over a period of time for indeterminable reasons.

On 18th May 2014, while he was making contributions to a live radio program, his airtime was cut off by MTN. He found that there was no airtime in his phone line and could not purchase airtime on that day to re-connect as it was a Sunday.

Thereafter, he realised that it was MTN that was responsible for this and that MTN had subjected him to deductions from his airtime for caller tunes service which he allegedly never subscribed to.

Mr Anene wrote to MTN complaining of the deductions. After some correspondences, MTN wrote back to him stating that it had de-activated the caller tunes and then refunded him N700 airtime with an undertaking not to unlawfully and illegally deduct his airtime again.

However, after a while, MTN resumed the deductions for caller tunes service when he did not subscribe to it in spite of their claim of having deactivated the unsubscribed caller tunes.

Consequently, Mr Anene instituted a suit against MTN at the High Court of the Federal Capital Territory, Abuja for a declaration that the uncountable deductions breached his quiet enjoyment of the airtime he paid for; an order restraining MTN from further deductions from his airtime as service charge for caller tunes; an order directing MTN to refund all deductions made from his “plaintiff’s airtime”; the sum of N50,000,000.00 as damages; and the sum of N1,000,000.00 as the cost of litigation.

At the conclusion of trial, the trial court found in favour of Mr Anene and awarded him the sum of N5,000,000.00 as General damages for the disruption of the quiet enjoyment of his airtime and the consequent hardship and discomfort which he was subjected through MTN’s unholy deductions.

The court also awarded him cost in the sum of N500, 000.00. Dissatisfied with the judgment of the trial court, MTN appealed to the Court of Appeal. The Court of Appeal held that the trial court was right in its decision.

However, it held that the quantum of general damages was excessive and that the whole surrounding circumstances did not justify the quantum of damages awarded by the trial Court.

Consequently, it reviewed downwards the award of general damages to N400,000.00. It also held the cost of litigation was not particularized and assessed it to be N100,000.00.

Aggrieved, Mr Anene appealed to the Supreme Court.

The Supreme Court allowing the Appeal, set aside the decision of the Court of Appeal and upheld the Decision of the trial Court by awarding N5,000,000.00 Naira as Damages and 500,000 as cost of litigation with an additional N3,000,000.00 as Cost of Appeal and order MTN to pay a total sum of 8.5M for Consumer right Violation.

This is indeed a strong precedent for consumer rights protection under our Law.

Source: Mutiu Popoola

Featured

Defection: Atiku’s Son, Adamu, Resigns As Adamawa Commissioner

Published

18 minutes ago

March 3, 2026

Eric

Adamu Abubakar, the first son of former Vice-President Atiku Abubakar, has resigned as Adamawa State’s commissioner for works and energy development, days after Governor Ahmadu Fintiri defected from the Peoples Democratic Party to the All Progressives Congress.

Abubakar’s resignation letter, dated 2 March 2026, was addressed to the governor through the Secretary to the State Government. He gave no reason for his departure.

The timing is pointed. Fintiri announced his defection to the APC in a statewide broadcast last Friday, saying his cabinet and the PDP’s state structure had moved with him. Within 24 hours, 22 commissioners and special advisers publicly announced they were following suit. Abubakar, whose father remains one of the PDP’s most prominent national figures, was not among them.

In a statement issued Monday night, Abubakar’s media aide Abdulaziz Jauro said the former commissioner thanked the governor for the opportunity to serve and pledged continued loyalty to the administration’s developmental agenda. He also expressed gratitude to his father “for granting him the moral support and blessing to serve the people of Adamawa State” — a line that, read in context, suggests Atiku was consulted on the decision.

Abubakar said his resignation was not a withdrawal from public life. “This does not mark the end of his commitment to public service,” the statement read, “but rather the beginning of new avenues for developmental collaboration.”

The resignation leaves unresolved the question of whether it reflects a political break with the governor over his defection or a personal decision unconnected to the broader party realignment now reshaping Adamawa’s political landscape.

Featured

DSS Nabs Man over Assassination Attempt on Peter Obi

Published

2 hours ago

March 3, 2026

Eric

Nigeria’s Department of State Services (DSS) has detained a man in connection with the recent attack and alleged assassination threats targeting Labour Party’s 2023 presidential candidate, Peter Obi.

According to AIT, the shooting incident took place on February 24, 2026, in Benin City, Edo State, during a political gathering attended by Obi and several figures from the African Democratic Congress (ADC). The meeting was hosted by former APC National Chairman, John Oyegun. Gunmen reportedly opened fire at the venue, causing panic and forcing attendees to disperse for safety.

According to security sources, shortly after the attack, an individual identified as Udeme Monday Stephen allegedly took to social media claiming responsibility and issuing additional threats against Obi, warning of further violence.

Intelligence officials reportedly initiated swift investigations, employing digital tracing and forensic tools that led to the arrest of the 26-year-old suspect in Rivers State. He is said to be a teacher at a private secondary school in the Eliozu area of Obio-Akpor Local Government Area.

The suspect remains in DSS custody and is expected to face prosecution. The agency reiterated its commitment to responding to credible threats and safeguarding lives and national interests without bias.

Featured

Shiites Protest in Kano over Killing of Iran’s Supreme Leader

Published

1 day ago

March 2, 2026

Eric

Members of the Islamic Movement of Nigeria, on Sunday, took to the streets of Kano metropolis to protest the killing of the Supreme leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, following a joint attack by the US-Israel on Saturday.

The demonstrators, who are simply known as Shiites, trooped out in their numbers at about 2.30pm in and trekked from the Fegge Central Mosque the Islamic Movement headquarters situated at Kofar Waika in the State capital.

The demonstration, adjudged peaceful, lasted for about two hours, terminating after 4.00pm.

The demonstration was followed by speeches by their scholars that spoke about the state of affairs in the Middle East and its implications on the rest of the world. A special prayer was also offered seeking Allahs intervention for the people of Iran.

The Kano State Police Public Relations Officer, CSP Abudulhi Haruna Kiyawa, resisted attempts to persuade hims for official reaction to the demonstration.