One of
Nigeria’s telecom operator, Airtel Nigeria Ltd has been slammed a fine of N5
million for the violation of customer’s right to privacy.
Justice
Jude Okeke of an Abuja High Court gave the verdict on Tuesday, while
delivering judgement in suit filed by Mr. Emmanuel Anene against Airtel for
continuous disturbances through unsolicited messages to his line.
The
judge held that the crucial issue that calls for determination here was whether
or not that the plaintiff evidence made out a case to justify the claims in the
reliefs he sought. He said the burden of proof could shift from party to party
until the issue in contention is resolved.
The
court records showed that the plaintiff evidence of claims was served on the
defendant and led evidence in the support of same.
“The
defendant who was afforded the opportunity failed to file statement of defence
contradicting the plaintiff’s statement of claim or fails to lead evidence in
challenge to the claims; it means he had admitted the facts.
Okeke
held that the plaintiff complained about disturbances and distractions which he
did solicit for, from the defendant but the defendant did not reply nor do
anything about it.
“The
plaintiff having purchase the defendant telephone number a contractual
relationship is satisfied, the defendant is in violation of the right to the
plaintiff privacy.
“The
defendant, having received complaints from the plaintiff, but continued to
disturb the plaintiff from quiet enjoyment of the line.
“In
every wrong there must be a remedy, to vindicate the plaintiff’s right which
has been violated in the fourth going circumstance by the defendant; the
plaintiff shall be awarded damages based on the discretion of the court.
“Against
this background putting into consideration the obvious inconveniences,
discomfort and the embarrassments the plaintiff had undeniably gone through.
“The
defendant has been directed to pay to the plaintiff damages not the N200
million the plaintiff asked for but N5 million only.
Source: National Daily
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