VDM Gives MTN Seven Days to Explain Use of His Data for Dangote IPO SMS

VeryDarkMan, whose real name is Martins Vincent Otse, has escalated his complaint over promotional messages advertising the Dangote Petroleum Refinery Initial Public Offering, serving MTN Nigeria with a formal pre-action notice over the alleged use of his personal data.

The social media commentator shared a copy of the legal letter on Thursday, saying the telecommunications company had seven days to respond.

The notice, dated September 16, 2026, was issued by Deji Adeyanju & Partners on VDM’s behalf and addressed to the Managing Director of MTN Nigeria Communications Plc.

It concerns promotional SMS messages allegedly sent to two of VDM’s MTN telephone numbers in connection with the Dangote Petroleum Refinery IPO.

According to the letter, VDM maintains that he neither requested nor specifically consented to receive the marketing communication.

His lawyers are now asking MTN to explain the lawful basis upon which his phone numbers were allegedly processed or selected for the campaign.

Lawyers demand details of how VDM was selected

A major part of the notice focuses on how VDM’s personal information came to be used in connection with the promotional message.

His lawyers requested that MTN disclose the source from which his telephone numbers were obtained or selected and, if MTN relies on consent, provide evidence showing when and how that consent was obtained.

They also requested information on whether such consent specifically covered direct marketing and promotional communications carried out for third parties.

The lawyers further want MTN to disclose whether any customer-segmentation, profiling, marketing-preference or targeting information was used in selecting VDM as a recipient.

VDM wants disclosure of third parties involved

The notice goes beyond asking whether MTN sent the SMS.

VDM’s lawyers are demanding the identities of any data controllers, processors, contractors, advertising agencies, technology providers or other third parties that participated in the campaign or had access to the relevant data.

They also asked MTN to confirm whether VDM’s phone numbers or other personal information were disclosed, shared, licensed, transmitted or otherwise made available to Dangote Industries Limited, Dangote Petroleum Refinery or another organisation involved in the promotion.

Those questions remain allegations and requests for clarification contained in the legal notice; the document does not itself establish that MTN transferred VDM’s personal data to Dangote or another third party.

Lawyers cite Nigeria Data Protection Act

The notice argues that telephone numbers constitute personal data and refers to the Nigeria Data Protection Act 2023 in challenging what the lawyers describe as unauthorised processing.

The legal team has also demanded that MTN exclude VDM’s numbers from future direct-marketing campaigns unless a valid legal basis exists and record his objection to receiving such marketing communications.

In addition, the letter says VDM reserves the right to seek compensation for any injury, loss or harm arising from any unlawful processing that may ultimately be established.

Seven-day deadline

The lawyers gave MTN seven days from receipt of the notice to provide what they described as a substantive response.

They warned that failure to respond could result in their client pursuing legal and regulatory remedies without further recourse to the telecommunications company.

MTN was also asked to preserve records relating to the campaign, including databases, marketing lists, campaign instructions, internal communications, third-party instructions, processing records and audit trails.

Copies of the notice were addressed to the Nigerian Communications Commission and the Nigeria Data Protection Commission. The documents shared by VDM also show receipt markings on the regulatory copies.

VDM subsequently wrote on social media that MTN had “just 7 days to respond”, adding: “Una go learn new thing.”

What started the dispute?

The legal action follows VDM’s earlier criticism of promotional messages relating to the Dangote Refinery IPO.

Screenshots attached to the notice show messages advertising the opportunity to “own a piece of Dangote Petroleum Refinery” and stating that investors could participate from ₦5,250 for 10 shares.

The dispute, however, has now moved beyond VDM’s criticism of the IPO itself.

The central question raised by his legal notice is how his personal data was selected and used for the advertising campaign, and whether the required legal basis existed for that use.

At the time of the material shared by VDM, MTN’s substantive response to the allegations was not included.