Hires 4 SANs, seeks tranfer of suit to Abuja
The Nigerian Communications Commission (NCC) has called for a dismissal of the suit filed by MTN Nigeria Communications‎ Ltd over the $5.2bn fine clamped on it for flouting the rule on SIM registration.

The commission, through its team of lawyers led by Dr. Wale Babalakin, Dr. Onyechi Ikpeazu, Mr. Paul Usoro, Mr. Ahmed Raji, all senior advocates, asked the Federal High Court in Lagos, where the suit was filed by MTN, to decline jurisdiction.

They also asked the court to transfer the case to the Abuja division of the court where the cause of action arose.

According to the defendants’ motion on notice, the NCC asked the Lagos court to set aside the purported service of the originating summons and other processes in the matter for non-compliance with the provisions of Section 143 of the Commission’s Act.

According to the affidavit in support of the 1st defendant’s motion on notice, deposed to by Anone Anthony Usman, a legal practitioner in the law firm of Ahmed Raji and Co., the commission said the decision of the NCC to fine the telecommunication company was taken in Abuja on October 20, 2015, outside the jurisdiction of the federal high court, Lagos.

The defendant said that the proper and convenient forum for the determination of the case is the Abuja division of the court.

The NCC also argued that Abuja division of the court had the territorial jurisdiction to handle the case and is also where the performance of the demand of the 1st defendant on the plaintiff (MTN) is to take place.

The MTN had dragged the NCC and the attorney-general of the federation (AGF) and minister of justice before the court to challenge the N1.04trillion fine placed on it.

In the suit, the firm is urging the court to quash the fine which NCC had imposed on them last October for allegedly failing to disconnect unregistered subscribers.

The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion earlier this month after the telecom firm pleaded for clemency, with a payment deadline set for December 31. The firm later took the regulator to court.

MTN, through its team of lawyers comprising Chief Wole Olanipekun, Tanimola Molajo, A.B, Mahmoud , Dr. Gbolahan Elias, Oladipo Okpeseyi, Prof. Fabian Ajogwu, Dr. Oladapo Olanipekun (all senior advocates), through originating summons, is challenging the powers of NCC to impose such a fine on it.

The telecom company is contending that the NCC, as a regulator, cannot assume all the functions of the state on its own, considering the fact that it made the regulation, prescribed the penalty and imposed the fine, payable to the commission and not the federal government.

The firm also alleged that it was not afforded its constitutional right to fair hearing before a court of competent jurisdiction and, more importantly, it had not been found guilty of any offence that will warrant it to pay such an outrageous fine.

http://leadership.ng/news/487473/n1-04trn-fine-ncc-challenges-courts-jurisdiction-mtn-suit

Good step.

But my reservation is this, if MTN doesn't pay the fine by December 31st, what happens?

I believe that is also a violation of NCC directives.

MTN must pay