Barr. Ebenezer Amadi v. Blue Ridge Microfinance Bank Ltd (Okash) & Ors

Description

This document captures the judgment in Suit No. FHC/ABJ/CS/1563/2024, presided over by Hon. Justice Obiora Atuegwu Egwuatu. The Applicant, Barr. Ebenezer Amadi, filed a fundamental rights enforcement suit against Blue Ridge Microfinance Bank (operating as Okash) and several regulatory agencies (NDPC, NITDA, NCC, and FCCPC). The lawsuit arose after Okash persistently made unsolicited automated calls using 25 different phone numbers to market its money-lending app without the Applicant’s consent.

The High Court made two major determinations:

1. Section 46 of the NDPA 2023 is not a condition precedent: The court ruled that lodging a complaint with the Data Protection Commission is a discretionary administrative step and cannot oust or delay an aggrieved individual’s constitutional right to approach the court directly under Section 46(1) of the Constitution.

2. Unsolicited Telemarketing Violates Privacy: The court held that accessing a person’s telephone number without consent and bombarding them with pre-recorded marketing messages violates the right to privacy of telephonic conversations guaranteed by Section 37 of the Constitution. The court granted a perpetual injunction against Okash, ordered ₦500,000.00 in damages, and mandated a formal letter of apology, while striking out the regulatory bodies from the suit due to a lack of pre-action notices and failure to disclose a direct cause of action against them.