The Supreme Court has affirmed a 2016 judgment by Justice Ishaq Bello, the former Chief Judge of the FCT High Court, which declared as illegal the deductions made by MTN for unsolicited caller tunes.

 

Following the High Court’s ruling, MTN appealed the decision, and in 2018, the Court of Appeal reduced the general damages from ₦5 million to ₦400,000 and the cost of action from ₦500,000 to ₦100,000.

 

However, the Supreme Court, in its final verdict on Thursday, overturned the Court of Appeal’s decision and fully restored the original compensation awarded by the FCT High Court.

 

Delivering the lead judgment, Justice Mohammed Baba Idris criticized the appellate court’s reduction of the damages, describing it as arbitrary and unsupported by any legal principle.

 

In a concurring opinion, Justice Helen Morenikeji Ogunwumiju noted that while the trial court rightly recognized and upheld the rights of consumers, the Court of Appeal failed to offer similar protection.