Court Fines SSS N5million For ‘Illegal’ Arrest, Detention Of Ekiti Lawmaker

The Federal High Court, Ado-Ekiti Division, on Wednesday fined the State Security Services, SSS, N5million for illegally arresting and detaining a member of the Ekiti State House of Assembly, Afolabi Akanni, who represents Efon Constituency 1.

Mr. Akanni was whisked away on March 4 by SSS operatives who invaded the House of Assembly complex for alleged breach of security regulations. He was eventually released on March 22.

Mr. Akanni was not in court on Wednesday.

His counsel, Obafemi Adewale, told the judge, Taiwo Taiwo, his client could not be physically present because he was still receiving “post-traumatic” treatment in a hospital outside the state.

Delivering his  judgment, the judge, noted that the Respondent, SSS, had all along failed to either deny or defend the position, facts and allegations of the applicant.

He said in the eyes of the law, “there is no basis for the court to believe that all that the applicant had alleged against the DSS were not true.”

According to him, Mr. Akanni’s fundamental rights as a citizen of Nigeria, as specified by the principles of the Rule of Law and the African Charter on the Rights of individuals, had been violated by the SSS in illegally arresting and continually detaining him for 18 days.

The court also granted three out of the four reliefs sought by the applicant’s counsel, which are, “whether the applicant’s unlawful arrest and detention is justified , whether the said intimidation, torture and continued detention is not a violation of his fundamental human rights and a violation of the Rule of Law, and whether the applicant’s is not entitled to damages”.

Credit: PremiumTimes

NCC Fines Glo, MTN N34m For Non-Compliance To Number Portability

The Nigerian Communications Commission (NCC) has fined MTN Nigeria and Globacom Ltd (Glo) a total of N34 million for breach of the Mobile Number Portability (MNP) business rules and regulations.

The regulatory body made this known in its “2015 Q4 Compliance Monitoring and Enforcement Reports’’ obtained by the News Agency of Nigeria (NAN) on Sunday in Lagos.

In the report, NCC noted that of the N34 million sanction for number porting breach, Globacom was fined N22 million, while MTN was fined N12 million.

NAN recalls that in the “2015 Q3 Compliance Monitoring and Enforcement Reports’’, NCC had resolved to monitor and sanction violations with MNP process time obligations said “to address the increasing cases of port request rejections’’.

The commission said that series of compliance checks were carried out regarding timer violations by Donor operators with respect to “validation and deactivation responses’’ which had timelines of 2 hours and 1 hour respectively.

According to the Q3 report, there is a timer deactivation violation by MTN, regarding a Corporate Port request of over 109 lines belonging to Nigerian Breweries Plc.

“The company had initiated a corporate port out request from MTN to Glo via lead Mobile Station International Subscriber Directory Number (MSISDN): 07036735494 on Aug. 11, 2015 at 1.20 p.m. but was partially completed as at 11.22 a.m. on Aug. 14, 2015.

“As a result, these subscribers were not able to receive calls from MTN subscribers.

“In the same vein, a timer validation violation by MTN regarding four individual Port requests from MSISDNs: 08139382308, 08143810152, 08135485305 and 08162108093.

“MTN breached the allowable two hours for validation of four port requests from the NPC, as stated in the MNP Business Rules,’’ it said.

Credit: NAN

MTN Nigeria Fine Increased To $3.9 Billion After Regulator Error

MTN Group Ltd. had its record fine in Nigeria increased $500 million to $3.9 billion after the country’s telecommunications regulator said it wrote the incorrect penalty in an earlier letter to Africa’s largest phone company. “There was a typo,” Nigerian Communication Commission spokesman Tony Ojobo said by phone on Friday, referring to a letter dated Dec.
2 that reduced the original $5.2 billion penalty to $3.4 billion. “The reduction should have been 25 percent. We saw the mistake and had to fix it.” MTN spokesman Chris Maroleng declined to
comment. The shares traded 4.7 percent lower at 133.40 rand as of 10:39 a.m. in Johannesburg,

the lowest since Nov. 17. MTN received a second letter on Thursday which superseded the first letter and increased the fine to $3.9 billion, the Johannesburg-based company said in a statement on Friday. The payment date is Dec. 31.

NCC Fine: MTN’s Largest Shareholder Says It Wants ‘More Heads To Roll

MTN’s largest shareholder and the country’s Sovereign Wealth Fund, Public Investment Corporation (PIC), has said it will seek for more heads to roll when it meets with the Acting CEO Nhleko. The CEO of PIC Daniel Matjila said in a statement.

“A lot more people need to take collective responsibility for the fine… for the alleged failure to comply with regulatory requirements,”
MTN has been in negotiations with the Nigerian government to reduce the fine and has found some
sympathy with a cross section of analysts who believe the fine is excessive and inconsistency with what was obtainable elsewhere.

Tony Ademiluyi: MTN; The First Scapegoat

The spiraling rate of unemployment has made the need to bring in foreign direct investment a buzzword especially among junketing public officials to justify their frequent travels. The relationship between the so called investors and the regulatory agencies is akin to that of a cat and mouse as it’s a well-known fact that the investors have scant regard for the nation’s laws and carry on with the toga of indispensability.

The Nigerian Communications Commission (NCC) issues a clear directive on the deactivation of sim lines in performance of a statutory duty. The South African telecommunication giants still went ahead to fail to deactivate well over five million lines without biometric verification since August this year and has thereby attracted a fine of $5.2 billion to be paid on the 16th of this month.

For the first time, our dormant regulatory agency has attracted global respect as the news of the sanction led to a 25% loss of its market capitilisation, its share trading being placed on technical suspension in the Johannesburg Stock Exchange and the resignation of its Chief Executive Officer in South Africa, Sifiso Dabengwa. The Iroko has truly bellowed as the Nigerian market with the largest population in Africa is not one that can be ignored. Mtn has implicitly admitted that they are guilty of the infraction as they have not contested the position of the NCC so far whether in court or out of it. What they have been pleading for is some sort of leniency as the fine would take a heavy toll on its operations.

Impunity has been a problem the nation has been dealing with in its thorny relationship with investors. The foreigners have taken advantage of our weak institutions especially with regards to our regulators to give us a raw deal. The international oil companies have wrecked the environments of their host communities with their persistent oil spills and their slap in the wrist fines which hardly clean up the battered communities. From Shell to Chevron, it has been tales of agony, tears and blood by the impoverished communities whose lands and rivers have rendered farming and fishing impossible. This is the remote cause of the militancy in the south-south region as the penalties the IOC’s get as worse than ludicrous jokes. The Chinese and Indians exploit our workers with reckless abandon and nothing happens. There was the case of a Chinese company which used to lock up its premises and there was a fire outbreak which killed some Nigerian members of staff. The Nigerian authorities simply looked the other way as business and life simply went on. It’s an open secret that there is no insurance policy for factory workers who handle deadly chemicals with most of them not even given safety kits and the dearth of Health, Safety and Environment (HSE) in these sweat shops.

The inertia of the regulatory authorities is not the case in other climes especially in the advanced economies. In Japan for example where there is relative job security, foreign investors are forced to ensure the job security of the employees of their host countries despite the vagaries of a free economy which may not make it profitable in all cases. British Petroleum will now pay $18.7 billion in the largest oil spill compensation in world history. The American justice department and four other states successfully sued the oil giants and the Heavens didn’t fall. The fine by MTN wouldn’t make the Heavens fall as well. It will be even be a surreptitious compensation for their poor services. Many Nigerians including this writer have been victims of the brazen deductions of airtime by the telecommunications giant and our collective helplessness in our quest for justice. It’s high time that the fear of our regulatory authorities be the beginning of wisdom for these conceited so called foreign investors who trample on the rights of the proletariat with so much contempt and scorn.

Some Nigerians especially the Chairman of the Silverbird Group and the Senator representing Bayelsa East on the platform of the opposition Peoples Democratic Party (PDP), Senator Ben Murray-Bruce raised an alarm that the fine was sending a wrong signal to investors on the harshness of the regulatory authorities and that the act of NCC would discourage them from trooping in. It is sad that a section of Nigerians especially Murray-Bruce would prefer the mediocrity being exhibited by our regulatory authorities and the unhealthy power being enjoyed by the investors. Should we take bunkum because we want every Tom, Dick and Harry to come in and further exploit us in our own country? Should we become hewers of wood and drawers of water in our motherland because we want to bend over backwards to appease the insatiable appetite of the baboon called foreign investors who would continue their rape and pillage of us till they get tired and move on to saner climes? It is sad that Murray-Bruce who also doubles as the Chairman of the Senate Committee on privatization can make such an unpatriotic comment. Foreign investors would be happy that our regulatory agencies are working as this would be assured that they won’t be operating in a Thomas Hobbesian jungle where nothing works. Every investor wants to be assured of some sort of sanity and not the madness that is currently going on. The MTN deterrence would not in any way prevent them from coming in; rather it would make them more sensitive to the needs of the people and operate within the ambits of the legal system. If they decide to pack up and go because we stuck our guns and insisted on doing the right thing, their loss would be our gain as the other giants would simply share the booty without the loss of a single job. Let us stop being ruled by fear as nature abhors a vacuum.

November 16, 2015 which is also the 111th posthumous birthday of one of our founding fathers, Dr. Nnamdi Azikiwe a.k.a the Great Zik of Africa should be the dawn of a new era in the advent of the death to impunity beginning with the telecommunications sector and then surreptitiously spreading to all other sectors of the economy.  The NCC should resist any pressure to reduce the fine as that would make them a toothless bull dog and the object of scorn and derision.

MTN should fully face the music.

TONY ADEMILUYI

Views expressed are solely that of author and does not represent views of www.omojuwa.com nor its associates