2 March 2017
The Federal High Court in Ibadan on Wednesday awarded N530,000 to Oluwole Aluko for unathorised deductions from his mobile lines by MTN, Nigeria.
In his judgment, Justice Nathaniel Ayo-Emmanuel, 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,” the judge said.
“Though the plaintiff sought N10 million 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, who is also the counsel in the case, had in 2016 instituted a N10m suit against MTN.
He claimed that the communication company unlawfully made several deductions from three of his MTN lines for caller tunes he did not subscribe to.
However, the defence counsel, Mr. Fatiullah Tiamiyu, said MTN was not served any court process. “That is the reason the company has not been represented in any previous sitting,” he said.