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

Published

8 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

Certificate Forgery: Group Seeks Tinubu’s Disqualification from 2027 Election

Published

22 hours ago

June 29, 2026

Eric

The Centre for Reform and Public Advocacy (CFRPA) has filed a suit at the Federal High Court in Kano seeking the disqualification of President Bola Ahmed Tinubu from the 2027 presidential election over allegations of certificate forgery.

‎According to court documents seen by Daily Trust, the plaintiff alleged that Tinubu presented forged academic certificates from Chicago State University and a fake National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC) during the 2023 elections.

‎‎The suit, marked FHC/K/CS/312/2026, lists Tinubu, INEC, and Chicago State University as defendants.

‎The plaintiff contended that Tinubu never attended Government College Lagos as claimed, noting that the school was established in 1974, four years after Tinubu allegedly graduated.

The CSO further argued that Tinubu does not possess a valid secondary school certificate, which is the minimum constitutional requirement to contest for the presidency.

‎It claimed that INEC had failed to act on its petition dated June 19, 2026, demanding clarification on Tinubu’s eligibility.

‎‎In its statement of claims, the group referenced a 2023 U.S. court ruling in In Re: Application of Atiku Abubakar (No. 23 CV 05099), which compelled Chicago State University to release Tinubu’s academic records.

‎The plaintiff insisted those records revealed false entries and inconsistencies, including a forged University of Cambridge General Certificate of Education.

‎The prayers asked by the plaintiff included declaration of forgery against Tinubu’s Chicago State University certificate, issuance of an order directing INEC to disqualify him from the 2027 presidential election, directing CSU to strike Tinubu’s name from its records and perpetual injunction restraining INEC from uploading Tinubu’s name as a candidate.

‎The plaintiff also submitted affidavits of non-multiplicity of action, witness statements, and letters to the NYSC and the Secretary to the Government of the Federation, demanding disclaimers on the alleged fake NYSC certificate.

Featured

Lagos Island Red Cross Holds Annual Thanksgiving Service

Published

2 days ago

June 28, 2026

Eric

By Eric Elezuo

The Lagos Island Division of the Nigerian Red Cross Society, has held its 2026 Annual Thanksgiving, to express gratitude for another year of provision of succor and comfort to as many that are in need.

The thanksgiving service, which was held at the Cathedral Church of Christ, Marina, Lagos, on the last Sunday of June, was led by the Division Coordinator, Chief (Olori) Aderonke Elegushi.

Speaking to The Boss on the activities of the Island Division of the Red Cross over the years, Olori Elegushi noted that it has been a thing of joy to be at the forefront of releasing the milk of human kindness to as many that needs it, and when they need it.

Coordinator, Lagos Island Division Nigerian Red Cross Society, Chief (Olori) Aderonke Elegushi (m), Vice Coordinator Abimbola Adeshile (2nd left), Secretary Ajibola Adu (2md right) and Saheed Ayinde Yusuf (1st right)

“This is what I love to do, and this is what the Red Cross is all about; lending helping hand and spreading love across borders, especially here in Lagos Island.

“In everything, we won’t forget our Maker, the Almighty God, through whose power we are able to do the little and much we can do. That explains why we here today to give thanks as it’s a tradition every year,” Olori Elegushi said.

Olori Elegushi also noted that as an not for profit organization, the Society seeks support well-meaning Nigerians and Lagosians to come to their aid so that the gospel of continuous lending of helping hand to the needy will continue unabated.

“We also seek the support of well-meaning individuals, organizations, and the Church in our efforts to expand our humanitarian activities. With adequate funding and partnerships, we can organize first aid and health awareness programmes for public school students, train more volunteers, equip communities with emergency preparedness skills, and carry out outreach programmes that will positively impact lives across our society,” she concluded.

Olori Elegushi, who will soon join the octogenarian club, was accompanied at the thanksgiving event, by Vice Coordinator Abimbola Adeshile, Secretary Ajibola Adu, Saheed Ayinde Yusuf, and a host of other members, dressed in their sparkling white uniform.

The Red Cross Society is an international organizational saddled with the responsibility of providing healthcare services among other humanitarian services to the people of the world. The Society is domiciled in every part of the world.

Featured

Insecurity: Adeboye, Oyedepo Urge More US Military Action in Nigeria

Published

2 days ago

June 28, 2026

Eric

The General Overseer of Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, and Founder of Living Faith Church Worldwide, Bishop David Oyedepo, have thanked U.S. President Donald Trump for recent military action against terrorism in Nigeria, urging Washington to do more to halt the unrelenting attacks.

Both clerics spoke at the “Faith Heroes Award Gala” in Washington D.C. on June 26, 2026, organised by Save Nigeria Group USA, SNGUSA, with the US-Nigeria Civil Society Coalition.

The event honoured Trump, Congressmen Chris Smith and Riley Moore, and other advocates of religious freedom in Nigeria.

Addressing a packed audience of activists, policymakers and faith leaders at the Hilton Garden Inn, Capitol Hill, Adeboye said the scale of violence has moved beyond what any religious leader can handle alone.

“Terrorism is now at my doorstep,” he said. “If you want to help us, help us more.”

The RCCG leader, who had faced criticism for not speaking out earlier, said he chose “spiritual warfare” instead of public escalation. He noted that Trump’s December strikes on terrorist camps did not surprise him because the U.S. President had warned of consequences.