Chimeremeze Nwachukwu

4th May, 2025 : 9;16am

So you buy a new phone line and then make your first call in 24 hours because, as the agent will say, “call person between now and tomorrow, make dem no block the line”. You proceed to call friends and family, making sure to inform each person that this is your new line and you would be happy if they save the contact number to your name so they can always get to you via the number. You learn the various codes you need to know, one for recharging your new line, one for checking your balance, one to buy internet data, and of course, one to borrow airtime when you are unexpectedly cut off from a conversation because your airtime runs out.

It's been a week since you got your new cell line, and things seem to be going well until it begins. One in the morning, one in the evening, and of course, for good measure, one for the night. Solicitations and strange messages. The thing is, you don’t take the next step they all seem to edge you to go ahead with, because you never showed interest in the first instance. You begin to notice that these messages being delivered to you are not even from the Network Provider but actually from a Loan Merchant. The often solicitations of course become disturbing, and you think “this is very intrusive”. Well, definitely it is, and actually, it is against the law.

Here are 6 rights you should know as a Mobile Service User.

Let’s start with the point you walk into the shop to buy the Line.

1. You have a Right to Information

Long before you ever punch in the USSD code to check your balance or hunt down the recharge menu, the law says you should already know exactly what you’re signing up for. In Nigeria, every time you hand over your cash for that sealed SIM pack, you enter into a contract with your network provider, and that contract comes with a built‑in right to information. You’re entitled to clear, accurate, up‑to‑date details on the services you’re buying: the tariffs, the free and paid features, any bonuses or deductibles, and the precise conditions under which your line might be suspended or disconnected.

By regulation, mobile operators must display these details free of charge at every point of sale, whether that’s the corner kiosk, the mall outlet, or their official website, and even print the key bits on the front of any subscriber directory they issue. If MTN or Airtel wants to hike your data rate or tinker with the terms of their “borrow airtime” facility, they have to get approval from the Nigeria Communications Commission first, then give you prior notice in a form that lets you question the change and air your objections to the regulator before it takes effect. In theory, this is all about putting you in the driving seat: you can’t choose wisely unless you know the real cost of that weekend data bundle or the penalty for letting your line lie dormant.

But here’s the problem we are facing with this right: most of what you need to know is hidden behind that factory seal. Inside the pack, you’ll find a one‑page leaflet. usually brimming with marketing fluff and activation steps, and told to “visit our website for terms and conditions.” In practice, you only tear open the SIM pack when it’s time to register the line or activate the PIN, long after the moment of purchase has locked you into whatever fine print lurks within. You’re forced into a game of digital hide‑and‑seek, chasing down PDFs online rather than getting upfront transparency at the retail counter.

Courts have weighed in on this silent tug‑of‑war over notice and binding terms. In Hon. Justice Patrick I. Amaizu v. MTN (2017),[1] a retired judge came home to find his inactive line disconnected, and sued, arguing he never saw the 90‑day disconnection rule tucked into his sealed SIM pack. The Court of Appeal held that the simple instruction to “see inside for terms” was enough notice to the Judge about the terms and conditions on the use of the phone line, binding even users who never cracked the seal or read the clauses. This underscores a stark reality: once that seal breaks, whatever’s inside is law, whether you read it or not.

For a nation where literacy challenges remain high and internet access is uneven, this regime of hidden terms can tip the scales wildly in favor of the operators. Consumers wind up unknowingly waiving rights to fair billing disputes, unaware of the precise data‑speed guarantees they’re owed, and helpless when rogue SMS marketers breach their privacy. The laws themselves envision that you’ll have everything you need to decide before you pay, yet the sealed‑pack model pushes critical information just out of reach until after you’ve handed over your money.

We believe that there’s a clear remedy to this, which is, regulators and operators must shift from “delayed disclosure” to “upfront clarity.” Imagine walking into a shop, seeing your chosen plan’s price, allowances, suspension policy, refund procedures, and dispute‑resolution steps all printed legibly on the pack’s exterior, or better yet, displayed on a laminated sheet beside every kiosk, with staff ready to walk you through it. Until then, every subscriber who rages at late‑night loan spam or discovers a surprise fee is, in effect, paying the price of an information gap the law never intended. Your right to information isn’t just a line in the telecom statutes; it’s the difference between true choice and being blindsided at every recharge.

Beyond the necessities during the initial purchase of the phone line, there is a need for a continuous flow of relevant information to the user regarding the service being provided to them. So, apart from price tags and billing breakdowns, telecom operators are required to run clear, truthful marketing, label their products accurately, and disclose any hidden costs or promotional expiry dates. You deserve to know, for instance, that a deeply discounted weekend data bundle might throttle your speed after a certain threshold, or that a “free” service trial will auto‑renew at full price unless you cancel. Armed with this knowledge, you can weigh the economic, social, and environmental trade‑offs of your choices, because informed customers drive healthier markets.

2. You have a Right to Quality Service

Now, after all the talk, you still got the Line, because really, what choice do you have? You have to make a call at the end of the day, and to do that, you need to get a phone number. So let's talk about the actual call itself, what should you know about your rights when you pick up the phone to either make a call or take a call?

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That’s where your right to quality services kicks in. Long before you experience that heart‑stopping silence in the middle of an important call or watch your “send” icon spin endlessly on a text, Nigerian law has already enshrined your entitlement to a communication service that actually works. Under Part VII of the Nigerian Communications Act, sections 104 through 106 make it crystal clear: every operator must deliver service that meets minimum quality standards. Those standards are hammered out in the Quality of Service Regulations 2013, which compel providers not only to keep voice clarity sharp and data speeds consistent, but also to measure, log, and report their performance back to the regulator, and to you, if you ask.

Yet for all the paperwork and promises, most of us have faced dropped calls in the most inconvenient moments, endless customer‑care menus that go nowhere, and SMS messages that arrive hours, or sometimes days, after they’re meant to. When your call cuts off mid‑sentence or your data access gets restricted despite showing an adequate balance, you’re not simply annoyed, you’re running headlong into a breach of your statutory right. The Commission is empowered to fine operators for these infractions, and in theory, you can even claim compensation if you can prove your line was routinely subpar. But chasing that remedy often means wading through bureaucratic processes that feel just as broken as the network.

Courts have stepped in where regulation stalls. Take the case of MTN v. Amadi (2012),[2] where a lawyer’s ₦1,500 recharge vanished into thin air when MTN blocked his line without warning. The Court of Appeal didn’t hesitate to award him ₦1 million, sending a message that arbitrary disconnections won’t be tolerated. A few years later, in MTN v. Chinedu (2018), a man lost nearly ₦400,000 through a hijacked bank transaction after MTN sold off his disconnected number, again, in breach of quality obligations, and the court ratcheted the damages up to ₦1.5 million as a deterrent. Even when MTN tried to shrug off its responsibility for bogus caller‑tune deductions in MTN v. Anene (2018), the judiciary reminded them that refunds alone aren’t enough; poor service carries a price tag.

These landmark rulings underscore that “quality” in telecom isn’t a marketing buzzword; it’s a consumer right protected by both regulation and the judiciary. The fine print in the Quality of Service Regulations isn’t just legalese, it’s the backbone of what you should expect whenever you punch in that recharge code or fire off a text. If your network can’t deliver, the law is on your side to demand not just apologies or fee refunds, but real accountability and, when necessary, court‑backed compensation for the chaos caused by every dead spot, dropped packet, and unanswered help line. So the next time your call quality tanks, remember: you’re not just a frustrated subscriber, you’re a rights holder armed with both statute and precedent to insist on the service you’ve already paid for.

3. You have a Right to Fair Prices

But let's be fair, in the last 10 years, the quality and reach of operations of Telcos in Nigeria have seen significant improvement, and with such improvement, it seems there is a price to pay. We should talk about that. Imagine checking your balance after a late‑night call only to find the numbers don’t add up or a “low on data” warning message when you can swear that you haven’t done anything significant with your data bundle since you purchased it. Well, the Nigerian Telecom law refuses to leave you guessing: it guarantees every subscriber the right to fair charges and accurate billing, so that each naira you spend is transparent and verifiable

Under the Code of Practice Regulations, operators must produce bills and notifications that are not only delivered on time but also packed with enough detail to let you audit every charge without paying extra for that privilege. If you ever spot a mystery deduction or a suspiciously high tariff, you can formally request a full breakdown, and your provider is obliged to serve up the billing terms, conditions, and options that apply to your specific plan, no stone left unturned.

The game‑changer came with the End of Operation Notification (EON) directive, which, since 1 November 2012, has required networks to alert prepaid customers immediately after each call, SMS, or data session. Every EON tells you exactly how long your call lasted, how much it cost, and what your new balance is. For texts or internet usage, it flags the fee and balance too. This real‑time transparency means you’re never one step behind rogue deductions or creeping overage charges. You see the impact of every operation the moment it happens.

Of course, EON doesn’t cap the prices themselves; that remains the battleground of Nigeria Communications Commission tariff approvals, and it won’t automatically reverse a rate hike you didn’t expect. Premium‑rate services and hidden subscription fees can still lurk in the fine print, requiring vigilance and, sometimes, persistence to dispute. But with the law on your side, you can insist on the itemized details, lodge formal complaints with the NCC, and press your provider for corrections or refunds when the math doesn’t check out.

Your right to fair charges and accurate billing isn’t a luxury, it’s the foundation of a relationship built on trust between you and your network. By demanding the EON reports, reviewing your itemized bills, or challenging any discrepancies, you help uphold the transparency the regulations intended, ensuring that every call you make and every byte you use is charged exactly as promised.

4. You have a Right to Privacy and Protection of Information

On this point, I have a personal interest because I have had it with my current provider, and here is why. Your mobile phone is more than a gadget, it’s the repository of your most private conversations, the gateway to your personal network, and, in theory, a vault guarded by Nigerian law. The Code of Practice Regulations makes it plain: whenever a network collects your data, your name, address, call logs, even your browsing habits, it must adopt a clear policy on how that information is gathered, used, and protected. It must keep your records accurate, relevant, and up‑to‑date, and it can’t hand them over to anyone except with your consent, a regulator’s nod, or under some other lawful exception. You even have the right to have your own directory listing suppressed, to vanish from public subscriber lists if you choose.

Yet every morning, your inbox overflows with unsolicited texts hawking airtime loans, streaming bundles, or new caller‑tune services you never asked for despite the Telco’s promise that your personal data won’t be misused and most times there’s no “opt‑out” button option or a clear process to not have your details shared with third party vendors who then send you this messages constantly.

When push comes to shove, Nigeria’s courts have shown they won’t let operators trample your fundamental rights without consequence. In Godfrey Nya Eneye v. MTN (2016),[3] Mr. Eneye sued after MTN revealed his number to third‑party advertisers, unleashing a deluge of spam texts. The Court of Appeal didn’t mince words: by letting strangers flood his message inbox, MTN violated his constitutional right to privacy under Section 37. And it wasn’t an isolated victory; another lawyer, Mr. Ezugwu Emmanuel Anene, took Airtel to court in 2015 for precisely the same offense, winning ₦5 million in damages for the incessant, unwanted calls and texts that breached his personal sphere.

The case of MTN Nig. Ltd v. Anene (2018)[4] is also relevant on this point because MTN subjected Anene to illegal and unholy deductions from his airtime, for caller tunes services which he never subscribed to. MTN also resumed deducting his airtime for caller tunes services when he did not subscribe to it, and notwithstanding the earlier assertion that it had deactivated same. The court awarded 5 million Naira in favour of Anene.

Despite these landmark rulings, unsolicited telemarketing marches on. The NCC has yet to issue binding guidelines on how and when networks may share customer data with advertisers, leaving the door wide open for service providers to argue that “consent” lives somewhere in a buried Terms & Conditions PDF. Worse still, the only real sanction on the table is court action, a costly, time‑consuming route few subscribers can navigate.

Your right to privacy and protection of personal information isn’t a mere footnote in telecom legislation, it’s a fundamental shield against corporate overreach and digital harassment. What you need now is not another apology text from your operator but a clear, enforceable “Do Not Disturb” registry, robust data‑sharing guidelines, and prompt regulatory penalties for any breach. Until then, every unsolicited buzz on your phone is a reminder that laws on paper are only as strong as their real‑world enforcement, and that your personal data deserves better guardians.

5. You have a Right to Choose

From one Tariff to another or even moving to a new Mobile Network Provider, Nigerian telecom regulations promote competition, ensuring you can switch networks via Mobile Number Portability (MNP) without losing your cherished digits. You have the power to shop around for voice rates, data speeds, customer‑care reliability, and even value‑added features like family‐plan bundles or roaming packages. If one operator’s network leaves you stuck in a coverage dead zone, you can jump ship rather than endure endless frustration. Regulators monitor the market to curb monopolistic pricing and force operators to offer basic services at fair rates, so that whether you’re in Lagos or a remote village, you can access quality telecom options at reasonable costs.

6. You have a Right to Redress

And finally, when promises are broken, be it a phantom charge on your airtime, a plan that never delivered its “unlimited” data, or a service-level agreement ignored, you can invoke your Right to Redress. The moment you file a complaint with your provider, the Code of Practice Regulations demands a swift, transparent resolution process: you are to get a reference number, a clear timeline for investigation, and, where appropriate, refunds or compensation. If that falls short, you escalate to the NCC’s Consumer Affairs Bureau, which can fine operators, order them to make amends, or even suspend their license in egregious cases. Redress isn’t just about clawing back lost naira; it’s about holding companies accountable so that every subscriber, from the corporate user to the student on a strict budget, knows their grievance will be heard and fairly resolved

Now let's talk remedies:

1. The Telecommunications operator 

Your first port of call when your data stalls, your airtime vanishes, or your inbox floods with ghost charges isn’t the courtroom, it’s the very company you signed on with. Section 74 of the Nigerian Communications Act makes this explicit: before you knock on the regulator’s door, you and your network provider must try to smooth things over directly. In practice, that means calling the customer care and making your complaint and allowing adequate time before leaning on the dispute‑resolution machinery your operator is legally bound to maintain and which, in most cases, is spelled out right there in your sealed SIM pack.

From the moment you register your line, your operator’s contract obliges it to field complaints, investigate them promptly, and work toward a mutually acceptable solution. Typically, you’ll kick off the process by dialing a dedicated customer‑care hotline or filling out a complaint form on the provider’s website. Behind the scenes, well‑oiled escalation ladders should take your case from front‑line agents to supervisors and, if needed, to a specialized consumer‑relations unit. By law, the operator must negotiate “in good faith,” which means acknowledging your grievance, sharing relevant contract terms, and proposing corrective measures, whether that’s a billing adjustment, service‑quality fix, or outright refund.

Timeframes matter. While the NCA doesn’t prescribe a one‑size‑fits‑all deadline for every complaint type, each operator’s Consumer Code of Practice usually promises an initial response within days and a full resolution within weeks. If you don’t hear back, or if the fix falls short, say you still can’t make uninterrupted calls, or the refund never hits your account, you’ve exhausted the first statutorily required step: negotiation. Now you’re free to escalate.

Don’t underestimate this stage. A well‑documented, good‑faith effort to settle your dispute with the operator shows both the Commission and the courts that you honored your end of the bargain. It also often yields faster results: operators know that unresolved complaints tarnish their brand, invite regulator scrutiny, and risk court action. So press for your complaint reference number, keep records of every call or email, and insist on clear timelines. If the operator continues to stonewall, ignoring deadlines, offering perfunctory apologies, or refusing to budge, it’s time to take your case to the NCC (or FCCPC) for a fresh round of intervention. Your willingness to negotiate first doesn’t just follow the law; it strengthens your hand in every subsequent step toward redress.


Nigerian Communications Commission

When your network’s internal grievance machinery runs out of steam, the Nigerian Communications Commission steps in as the ultimate neutral referee, armed not with flashing lights but with the mandate to deliver speedy, fair, and cost‑effective justice. Under Sections 77–79 of the Nigerian Communications Act 2023, the NCC can mediate or arbitrate any dispute you’ve already tried to resolve with your operator. It isn’t bound by legal technicalities or rigid rules of evidence; instead, it cuts through the red tape to focus on the merits of your case and the ethics of fairness.

For most consumer claims under ₦1 million, you’ll find your case neatly handled under the Dispute Resolution Guidelines 2004. Think of it as small‑claims court for Telecom: you file a simple application, and the Commission appoints an arbitrator to hear both sides. There are no gavel‑to‑gavel public hearings, proceedings, and awards remain confidential unless you need to enforce them, so you get a resolution without the glare or expense of a full courtroom drama. If your complaint is more complex, the NCC can still tailor an ADR process or even run a formal hearing, setting terms that both you and the operator must honor.

Behind the scenes, the NCC also keeps a close eye on how licensees handle your complaints. The Code of Practice Regulations obliges every operator to publish, review, and update clear, consumer‑friendly complaint procedures, whether on their website, in leaflets, or at retail kiosks, so you always know exactly where to lodge your grievance and how it will be processed. When those protocols fail, or timelines slip, you carry their own lapses straight to the Commission, which can fine errant operators, order refunds or service restores, and in extreme cases suspend licenses.

3. Federal Competition and Consumer Protection Commission

Beyond the specialized telecom regulator NCC, there’s a broader guardian of your rights in Nigeria’s marketplace: the Federal Competition and Consumer Protection Commission (FCCPC), founded on the Federal Competition and Consumer Protection Act. When telecom complaints swirl into the realm of unfair pricing, misleading promotions, or systemic billing fraud that slip through the cracks of industry‑specific rules, the FCCPC stands ready to hear your case in any competent court or tribunal. You don’t have to navigate this alone. If you’ve suffered loss or injury because a provider buried hidden service clauses in fine print or inflated your rates without justification, you can initiate a civil action for compensation or restitution.

But you’re not limited to flying solo. The Act empowers accredited consumer protection groups, think NGOs and civil‑society coalitions, to champion your cause in court, drive mediation sessions, or lobby on your behalf at home and abroad. These groups can marshal evidence, negotiate settlements, or even bring collective actions when a single voice isn’t enough to jar a giant operator into compliance. Their presence means that individual subscribers can punch above their weight, leveraging organized advocacy to press for redress faster and more forcefully than they might on their own.

When crooked trade practices or anti‑competitive schemes come to light, whether in the telecom sector or beyond, the FCCPC can sweep in with investigatory powers, issue binding directives, and demand written assurances from offending companies that they’ll cease harmful conduct. If they don’t, the law grants the Commission the authority to levy hefty fines and penalties, ensuring that corporate malfeasance carries real consequences. And when those sanctions translate into monetary restitution for consumers, you not only recover what was unfairly taken, but you send a clear signal to the entire market: in Nigeria, every buyer’s right to honest information, fair pricing, and safe service is non‑negotiable.

4. The Courts

When your grievance outgrows the NCC’s arbitration room or the operator’s help desk, the courts become your last, and most powerful, avenue for enforcing telecom consumer rights. Under Section 138 of the Nigerian Communications Act, the Federal High Court has explicit power to hear any suit enforcing obligations set out in the Act or its subsidiary regulations, while Section 172 of the Constitution lets State (and FCT) High Courts take up pure contract claims, such as a breach of the terms hidden in your sealed SIM pack. In Njikonye v. MTN (2007),[5] for instance, a subscriber whose airtime vanished mid‑call sued in the FCT High Court; although the trial judge in the state high court initially dismissed for want of jurisdiction, the Court of Appeal held that MTN’s failure to deliver the contracted service was a simple breach of contract, precisely the kind of dispute a state bench could resolve.

Once you’ve landed in the right courtroom, a spectrum of civil remedies stands ready to put you back in the position you paid for. Monetary damages are, of course, the most familiar: you can claim compensation for underutilized services, lost income, or even the distress caused by incessant service outages. If cash alone won’t cure the harm, courts can order specific performance, forcing your operator to restore your line or meet the promised quality standards.

Nigerian jurisprudence also recognizes that telecom services, when defective, can inflict real harm. In extreme cases, you might invoke strict liability, holding an operator answerable for injury even without proving negligence, or private nuisance, should faulty equipment or intrusive network practices interfere with your use and enjoyment of your property. Injunctive relief can freeze a harmful practice in its tracks, whether it’s an unjust disconnection policy or phantom deductions that no amount of post‑paid pleading will fix.

Beyond the bench, courts frequently lean on parallel regulatory complaints: a judgment in your favor gains extra muscle when hand‑carried to the NCC or FCCPC for enforcement. Landmark decisions, like those in Adegboruwa v. Nigerian Communications Commission [6], underscore that judicial pronouncements aren’t academic; they ripple outward, shaping industry standards and compelling operators to rewrite their playbooks. In short, when negotiation and mediation run dry, the Nigerian judiciary offers a comprehensive toolkit, jurisdictional clarity, tailored remedies, and enforceable orders to ensure every subscriber can vindicate the rights enshrined in law.

Conclusion

At the end of the day, getting the service you deserve is a two‑way street: your telco must uphold its end of the bargain, but you also have to know and use your rights. Bookmark this guide, lean on it whenever your network drops the ball, and don’t be shy about demanding clarity, quality, and fair treatment. Better yet, pass it on to friends and family, because informed subscribers make for stronger, more accountable operators. After all, we’re all in this together, and when we stand up for each other, everyone’s experience gets a little bit better.

Footnotes

1. LPELR-43947(CA) 

2. LPELR-21276(CA) 

3. (Unreported) Suit No FCT/HC/CV/545/2015 

4.  LPELR-44447(CA)

5. LPELR-8743(CA) 

6. The Guardian Newspaper, August 9 Sunday 2015 pg. 20 and 21