N1.04trn Fine: MTN Drags FG To Court

MTN Group said yesterday that its Nigerian subsidiary, MTN Nigeria has resolved to sue the Nigerian Communications Commission (NCC) at the Federal High Court, Lagos to contest the imposition of N1.04 trillion fine for not deactivating 5.1 million pre-registered subscriber lines in August and September this year.

Acting on legal advice from its lawyers, MTN Nigeria said the manner of the imposition of the fine and the quantum thereof was not in accordance with the NCC’s powers under the Nigerian Communications Act and therefore there are valid grounds upon which to challenge the fine.

A statement issued to its Johannesburg Stock Exchange (JSE) shareholders yesterday evening advised that all factors having a bearing on the matter have been thoroughly and carefully considered including a review of the circumstances leading to the fine and the subsequent letters received from the NCC.

Chris Maroleng, spokesman of MTN Group said MTN has followed due process and has instructed its lawyers to proceed with an action in the federal high court in Lagos seeking the appropriate reliefs.

He said the lawyers advised MTN “that in the current circumstances in line with the lis pendens rule (pending legal action) the parties are enjoined to restrain from taking further action until the matter is finally determined. This is consistent with previous judicial decisions in Nigeria.”

Credit: Leadership

Nigerians Drag NCC To Court For Reducing MTN’s N1.04trn Fine

Some Nigerians on Monday faulted the decision of the Nigeria Communications Commission, NCC, to reduce by 25 per cent a N1.04 trillion fine earlier imposed on MTN for not disconnecting unregistered subscribers.

The NCC, last week, reduced the fine to N780 billion, with December 31, 2015 as deadline for MTN to pay.

But some aggrieved Nigerians on Monday criticized the NCC for the decision, describing it as a violation of the fundamental rights of Nigerians and a breach of sections of Nigerian laws and the Constitution.

“No Nigerian institution or public office holder has the absolute power to howsoever reduce the fine, without legitimate recourse to the Nigerian people,” the group, Concerned Nigerians, said in their particulars of claims filed along with a suit at the Federal High Court, Abuja.

In the class action suit filed on their behalf by an Abuja-based legal practitioner and civil rights activist, Timipa Okponipere, the applicants asked the court to declare the decision a breach of Part X, Sections 86-88; 142(3-4) of the NCC Act 2003; Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria, and Article 21(5) of the African Charter on Human and Peoples Rights.

Accusing the NCC of conspiring with MTN against Nigerians, the applicants said the laws guaranteed the fundamental rights of Nigerians to fair hearing and freedom to dispose of their wealth and natural resources in the exclusive interest of the people.

Credit: PremuimTimes