The Federal High Court in Ibadan on Wednesday awarded N530,000 to one Oluwole Aluko for unauthorised deduction from his mobile lines by MTN Nigeria.
Justice Nathaniel Ayo-Emmanuel, in his judgement held that MTN had admitted guilt by not challenging the action. “The plaintiff has the right to allow or reject the use of a caller tune. MTN cannot force the use of any caller tune on him or anybody because it is unlawful. Though the plaintiff sought N10m as damages, but I hold that any damage suffered must be commensurate with the claim.”
“I, hereby, award a cost of N500,000 for the damages suffered and another N30,000 as cost incurred during the court process.”
The plaintiff, had instituted a N10m suit against MTN in 2016 as he claimed the communication company had unlawfully deducted money from three of his MTN lines as charges for caller tunes he never subscribed to.
However, Mr Fatiullah Tiamiyu, the defence counsel, denied that MTN was not served any court process. “That is the reason the company has not been represented in any previous sitting,” he said.