By Dennis Okechukwu
Lawyers to social media personality Martins Vincent Otse, popularly known as VeryDarkMan, have issued a pre-action notice to MTN Nigeria Communications Plc over what they described as the unauthorised processing and use of his personal data for direct marketing.
In a letter dated September 16, 2026 and addressed to MTN Nigeria’s Managing Director, the lawyers demanded an explanation over a promotional SMS advertising the Dangote Petroleum Refinery Initial Public Offering (IPO), which their client allegedly received on September 14.
The letter, signed by Josephine Zendesha, Esq., said Otse was a registered MTN subscriber and had provided his telephone numbers to the telecommunications company for purposes connected with telecommunications services.
According to the lawyers, Otse did not request or consent to receive the promotional message and did not give MTN specific consent to use his telephone numbers for the direct marketing campaign.
The lawyers said the message was transmitted through MTN’s network using short code 719 and questioned the legal basis upon which the company processed, selected, profiled, transmitted, disclosed or otherwise used their client’s personal data for the campaign.
They cited the Nigeria Data Protection Act, 2023, arguing that Otse’s telephone numbers constitute personal data and that their collection, storage, retrieval, use, disclosure or transmission amounts to processing under the law.
The lawyers also demanded clarification on whether the data was used solely by MTN or whether Otse’s telephone numbers were disclosed, transmitted, matched, shared, licensed or otherwise made available to Dangote Industries Limited, Dangote Petroleum Refinery or other companies involved in the IPO marketing campaign.
Among other demands, the lawyers asked MTN to disclose the precise lawful basis for processing Otse’s telephone numbers and, if consent was relied upon, provide evidence showing when and how such consent was obtained and the exact terms presented to him.
They also requested details of the source from which his numbers were obtained or selected, as well as information on any customer segmentation, profiling, marketing preferences or targeting information used to select him as a recipient.
The legal team further demanded the identities of all data controllers, processors, marketing agencies, advertising agencies, technology providers and other third parties that participated in or had access to the processing.
MTN was also asked to confirm whether Otse’s personal data was disclosed or otherwise communicated to Dangote Industries Limited, Dangote Petroleum Refinery or any other third party.
The lawyers demanded that MTN immediately exclude their client from future direct marketing campaigns unless a valid lawful basis exists and confirm that his objection to direct marketing had been recorded and that his numbers had been placed on the appropriate marketing exclusion list.
The letter also stated that Otse reserved the right to seek compensation for any injury, loss or harm allegedly suffered as a result of unlawful processing of his personal data, alongside other remedies available under the Nigeria Data Protection Act and applicable laws.
MTN was given seven days from receipt of the notice to provide a substantive response, failing which the lawyers said their client would pursue legal and regulatory remedies without further recourse to the telecommunications company.
The lawyers also placed MTN on notice to preserve all records, logs, databases, marketing lists, campaign instructions, internal communications, third-party instructions, processing records and audit trails relating to the selection of Otse’s telephone numbers and transmission of the SMS.
The notice does not establish that MTN unlawfully processed Otse’s data; it is a formal demand by his lawyers seeking explanations and asserting their client’s legal position.