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.
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.
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