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1.4trn Fine: MTN Takes Nigerian Government To Court - Business - Nairaland

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N1.04trn Fine: We Expect No Operation Disruptions For Not Paying Fine —MTN / MTN Takes Nigerian Government To Court Over Fine / NCC Moves To Deactivate MTN Subscribers Over Refusal To Pay N1.4trn Fine (2) (3) (4)

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1.4trn Fine: MTN Takes Nigerian Government To Court by mbulela: 5:48pm On Dec 17, 2015
Below is the communique sent to MTN staff and share holders.

Herewith a further update on the fine imposed on MTN Nigeria and renewal of cautionary announcement: Further to the SENS announcement issued by the Company on 4 December 2015, shareholders are 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 Nigerian Communications Commission (NCC).

MTN Nigeria acting on legal advice has resolved that the manner of the imposition of the fine and the quantum thereof is 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.

Accordingly 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. MTN is advised 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.

Notwithstanding this action, the Company will continue to engage with the Nigerian Authorities to try and ensure an amicable resolution in the best interests of the Company, its stakeholders and the Nigerian Authorities Shareholders are therefore advised to continue to exercise caution when dealing in the Company’s securities until a further announcement is made. As advised previously, we will keep you updated as the matter unfolds. I encourage you to continue focusing on our customers and strive to keep our promise to provide the bold, new Digital World to them.

Regards, Phuthuma
http://www.techcentral.co.za/mtn-takes-nigerian-authorities-to-court/62146/

South African telecoms giant MTN said Thursday it would launch a court challenge against the $3.9 billion fine that Nigeria has ordered it to pay by December 31 for failing to disconnect unregistered users.

MTN, in a statement to shareholders today, said it decided to take this route after exhausting all other options to have the fine reduced.

MTN said 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.”

“MTN Nigeria, acting on legal advice, has resolved that the manner of the imposition of the fine and the quantum thereof is 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.”
Details soon..
http://www.vanguardngr.com/2015/12/n1-4trn-fine-mtn-refuses-to-pay-challenges-ncc-in-court/

4 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by dabigwalls: 5:56pm On Dec 17, 2015
Source
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by docadams: 6:22pm On Dec 17, 2015
Hmmmmmmm

Awaiting source before further comment.


Now that source has been added, I must say the soup tastes very bitter. If I have to enumerate all the iniquities visited on me by MTN since I hooked up with them in 2002, I don't think $5.2b will be enough compensation for all the sorrows I went through.

The present MTN 'para' mode stems from the weakness NCC nay FG displayed in this whole saga. Embarking on a unilateral reduction of the fine(except I am mistaken) instead of a negotiated reduction was a wrong approach. MTN should have been made to sweat profusely for any reduction.

Some other businesses have had to be closed down e.g by NAFDAC, for relatively lesser offences.

Nigeria needs a vibrant telecom sector but the players must abide strictly by the rules. None can be bigger than the country.

NITEL was once thought indispensable but, today, we are wiser.

26 Likes 5 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by fistonati(m): 6:24pm On Dec 17, 2015
I wan type but no source and I don't believe it
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by mbulela: 6:31pm On Dec 17, 2015
Source added

1 Like

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by bigass(f): 6:34pm On Dec 17, 2015
mbulela:
Below is the communique sent to MTN staff and share holders.
Herewith a further update on the fine imposed on MTN Nigeria and renewal of cautionary announcement: Further to the SENS announcement issued by the Company on 4 December 2015, shareholders are 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 Nigerian Communications Commission (NCC).
MTN Nigeria acting on legal advice has resolved that the manner of the imposition of the fine and the quantum thereof is 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.
Accordingly 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. MTN is advised 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.
Notwithstanding this action, the Company will continue to engage with the Nigerian Authorities to try and ensure an amicable resolution in the best interests of the Company, its stakeholders and the Nigerian Authorities Shareholders are therefore advised to continue to exercise caution when dealing in the Company’s securities until a further announcement is made. As advised previously, we will keep you updated as the matter unfolds. I encourage you to continue focusing on our customers and strive to keep our promise to provide the bold, new Digital World to them.


Regards, Phuthuma
http://www.techcentral.co.za/mtn-takes-nigerian-authorities-to-court/62146/

This fine needs to be increased and anti-competitive laws strengthened

85 Likes 6 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by drberry(m): 6:40pm On Dec 17, 2015
Reading

1 Like

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by mbulela: 6:47pm On Dec 17, 2015
bigass:


This fine needs to be increased and competition laws strengthened
You are a wicked girl

9 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by redsconsult(m): 6:50pm On Dec 17, 2015
we need to send them parking jawe... who go to court and prison and come back to be friends again...abeg make then pay the full money or commot from our country abi na by force to trade where you are not wanted.

22 Likes 1 Share

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by papparatzzi2013: 6:51pm On Dec 17, 2015
It's not their fault.

If NCC had closed them down, they won't be here talking in Zulu.

Were they blind when they were signing the agreement? NCC only implemented what they signed.

The lawyer must be dumb.

Their lines were being used by terrorists, kidnappers and other criminals for fun, despite several warnings from NCC, putting our national security at risk.

NCC should double their fine.

78 Likes 5 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by bigass(f): 6:55pm On Dec 17, 2015
mbulela:

You are a wicked girl

I want MTN out my country. I hate the Name

39 Likes 3 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Nobody: 7:01pm On Dec 17, 2015
Where is lalasticlala sef undecided

3 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by hazyfm1: 7:01pm On Dec 17, 2015
Your source is nyama
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by mbulela: 7:14pm On Dec 17, 2015
hazyfm1:
Your source is nyama
Your comment is nyama.
A statement was released to the JSE and you are hear typing nyama

9 Likes 2 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by LordAdam: 7:30pm On Dec 17, 2015
Those who have more concrete information about this should say something.

First, the $5b figure was calculated by the number of subscribers that were not blocked and the number of days for which they were not statutorily blocked. It's not like the NCC pulled the figure from their ass. MTN consented to the regulation.

Also, this is not the first fine imposed by the NCC, so I wonder why MTN thinks the commission does not have the jurisdiction to impose and collect that fine.

People like myself were being considerate and impressioned on the government to reduce the fine. Finally, the government reduced the fine by $1b.

Now, MTN is taking the government to court about the fine? I will wait for a few days to confirm that this story is true. If it is then I will do my little as a concerned citizen to pressure the government to reinstate the full fine. Including any legal cost incurred by the government during the litigation.

In fact NCC should put a deadline. If they don't pay up by then, they should withdraw part of their license to operate or increase the fine more.

What nonsense!

100 Likes 7 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Pidggin(f): 7:32pm On Dec 17, 2015
Good, but our judiciary is pro-government they can't win

11 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by ShowYourCertificate: 7:37pm On Dec 17, 2015
This MTN has succeeded in deceiving our dullard government

10 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by sukkot: 7:45pm On Dec 17, 2015
ok
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by elvisdaniels(m): 7:46pm On Dec 17, 2015
Send them packing back to south Africa after they finish paying up the fine, MTN has been milking Nigerians for a decade and breaking security rules and regulations thereby endangering life's of Nigerians..foreign investors should respect Nigeria their host and adhere to the laws governing the country...its no longer business as usual anymore.

1 Like

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Nobody: 7:46pm On Dec 17, 2015
Then we should expell MTN from Nigeria! Simple! If you must operate in a country you must follow their rules. Who is MTN? We have many other companies that want their customer base so bad! PMB expell these people, they have plundered Nigeria for so long!

-CramJones

4 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by queenst(f): 7:47pm On Dec 17, 2015
ok
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Zico5(m): 7:47pm On Dec 17, 2015
MTN has the right to legal action, the amount slammed on the company is too enormous considering the sustain ability. Both parties need to sit down and discuss way forward. No company can sustain such fine in Nigeria and federal government need to be lenient on the matter

20 Likes 3 Shares

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Demmocrats(m): 7:47pm On Dec 17, 2015
MTN Nigeria acting on legal advice has resolved that the manner of the imposition of the fine and the quantum thereof is 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.



That's good they fell for MTN trap by reducing the fine, now MTN have made the second move to sue them to court to prove the fine is ilegal.



Foolish dudes serves them right.

3 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by Dcaliphate(m): 7:48pm On Dec 17, 2015
Personally i think the fined amount is just too much, even though its not an indigenous company, it shld b reduced biko.

8 Likes 1 Share

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by TedBaker(m): 7:48pm On Dec 17, 2015
Nawa o. Mk we pursue dis capitalist spouth african nw. Shoooo
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by nelyke: 7:49pm On Dec 17, 2015
One party will be favoured and the other will appeal the judgement....then supreme court things..naija na wao

1 Like

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by favistar(m): 7:49pm On Dec 17, 2015
That Money isn't a small amount oo...Dem go steal am undecided

3 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by RichDad1(m): 7:49pm On Dec 17, 2015
Dia fada
Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by SylarsMcQuins: 7:49pm On Dec 17, 2015
I blame GEJ

1 Like

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by tinsel: 7:49pm On Dec 17, 2015
They know that the Nigerian courts are for the highest bidder, so they want to exploit that angle.

3 Likes

Re: 1.4trn Fine: MTN Takes Nigerian Government To Court by gunners160(m): 7:49pm On Dec 17, 2015
Na dis kind topic dey sweet to read but instead of dem imposing 1.4 tri on Mtn they should just tell Mtn to give NIGERIANS free kalling and free browsing for 1year. HOW UNA C HAM

4 Likes

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