QoS: MTN Nigeria faces class action suit over alleged ‘fake data top-ups’, rapid depletion

*Several aggrieved Nigerian telecoms consumers Nigerian telecoms consumers institute a class action lawsuit against MTN Nigeria Communications Plc, accusing the telecoms company of relatively poor Quality of Service, including inexplicable data usage and rapid depletion in the country’s digital space

Alexander Davis | ConsumerConnect

For alleged “false data top-ups and excessive costs without value”, Nigerian telecoms consumers have instituted a class action lawsuit against MTN Nigeria Communications Plc, accusing the telecoms giant of inexplicable data usage and rapid depletion in the country’s digital ecosystem.

ConsumerConnect reports the controversy evolved after a recent viral post on X (formerly Twitter) that showcased an individual’s interest in taking legal action, along with evidence of unusual data activity.

The social media post later rallied several other telecoms consumers to join the cause, sharing their own grievances and pledging support, according to report.

In a move to make true their threat to take action against MTN Nigeria, the subscribers subsequently, circulated a Google Form to collect names of affected telecoms consumers, highlighting issues, such as false data top-ups and excessive costs without value.

It was learnt some of the the affected subscribers as well did some comparative analyses of data usage and pricing systems in other countries, which further fuelled their frustration in the telecoms space.

Several other Nigerian telecoms subscribers have equally expressed their determination to pursue justice in this regard.

The recent social media buzz around data usage and depletion is said to have amplified the issue, with mixed reactions ranging from encouragement to skepticisms about the potential impact of the class action lawsuit on the telecoms giant in Nigeria.

A lawsuit, too many against MTN Nigeria?

It is recalled that a Federal High Court, March 2025, fined MTN Nigeria for trademark infringement.

Justice Akintayo Aluko of a Federal High Court, in Lagos, who imposed a N840 million fine on MTN Nigeria Communications Limited for infringing on the registered trademark “WEBPLUS,” owned by Citilink Accesscorp Limited.

The Judge slammed the fine on the Telco while delivering judgment on a suit marked HC/L/CS/1124/2014 filed by Citilink, held that MTN’s use of “MTN WEBPLUS” or “MTN WEB+” unlawfully mimicked the plaintiff’s trademark.

The Judge awarded N70 million yearly damages, covering Citilink’s loss of business and brand dilution from 2014 to 2025.

The Nigerian court also ordered MTN to pay the applicant 15 percent interest per annum on the judgment sum until it is fully paid.

Citilink Accesscorp Limited, in a suit filed on July 17, 2024, had accused MTN Nigeria of infringing on its trademark “WEBPLUS,” which was legally registered in 2001 under Class 9 and renewed in 2014.

Citilink had argued that MTN’s use of “MTN WEBPLUS” and similar variants constituted unauthorised usage, misleading the public and damaging its brand.

The applicant joined the Registrar of Trademarks, Patent Designs, as a defendant, representing all entities involved in the production, marketing, and sale of the infringing services.

The applicant had urged the court for a declaration that Citilink Accesscorp Limited is the sole legal owner of the “WEBPLUS” trademark.

During the hearing of the case, the Mobile Network Operator (MNO), had challenged the court’s jurisdiction, arguing that a pending case at the Trademark Tribunal made the lawsuit invalid.

The Telco also claimed that its application for “MTN WEBPLUS” was made in 2012, when Citilink’s trademark registration had lapsed (between 2008 and 2014).

The telecoms company stated that the applicant failed to prove trademark infringement, the telecommunications firm insisted that its use of “WEBPLUS” was an honest concurrent use, meaning it had no intention to deceive.

It further stated that the applicant lacked sufficient evidence to justify its financial claims.

In his ruling, Justice Aluko however, rejected MTN’s defence and upheld the applicant’s infringement claims.

The court also denied some of the applicant’s additional demands, including the request for the seizure and destruction of MTN’s servers and a claim for N10 million in special damages due to insufficient proof.

Justice Aluko also granted a perpetual injunction against MTN, barring the telecom firm from further use of the disputed trademark.

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