₦airaland Forum

THE telecommunication giant, MTN has filed a suit at the Federal High Court, Lagos challenging the $3.9billion sanction imposed on it by the Nigeria Communications Commission (NCC).

Sued alongside the NCC is the Attorney General of the Federation (AGF), and Minister of Justice.

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, with a payment deadline set for December 31.

But 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 an originating summons, is challenging the powers of NCC to impose such a fine on it.

The telecoms company argued that on the basis that NCC being a regulator, cannot assume all the functions of the state on its own, considering the fact that they 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 of 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 outrageous fine.

It contended that the sanction imposed on it by NCC was within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.

Stating that the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate and impracticable, the telecoms company said the deadline to disconnect 5,200,000 subscribers was unfair and ran contrary to the requirement to give adequate notice to the subscribers and all operators.

It accused the regulatory agency of acting as a legislator, executor, accuser, prosecutor, judge and beneficiary of the penalty imposed and that the sanction (N200,000 per SIM) imposed on it was excessive.


http://www.ngrguardiannews.com/2015/12/mtn-sues-ncc-hires-seven-senior-advocates/

[quote author=Freemanan post=41204400][/quote]

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MTN now fighting back. They are likely going to make enemy of NCC

Hmmmm, shakiti bobo. I am not surprised. Regulatory bodies in Nigeria get messed with cuz there's always a greedy staff who will advise defaulters on legal loopholes to go free after receiving some.............

Na mtn get im money wey he wan spend
i should b less concern

Let NCC's legal team face up this useless MTN in court. I knew this would happen once they negotiated and got a reduction.

1.) if seven days is not enough for them to disconnect 5.2m subscribers, atleast it should be enough to disconnect a good number to reduce the number of unregistered subscribers from the the original number it was before NCC mandated them to do it.

Therefore, even if the 7 days was not enough, MTN did not make judicious efforts towards complying which implies thet tried cutting corners besides, other sister telecom companies complied within 7 days why is MTN's case different?

2.) NCC as a regulatory body has the right to make laws and checkmate institutional excesses by imposing penalties. its left for the organisation to seek redress in court if they feel cheated.

3.) this is not the first time
NCC is sanctioning MTN or did they just realise that they are playing legislator, judge and police?

4.) the sum is not outrageous once MTN was aware of the penalty before commiting the crime

The SAN's are there to chop MTN's money and I wish them luck

Please the judge should be fast and throw out the case so that MTN can make FG $3.9B richer. Atleast Buhari fit carry the money pay our salaries

Obey first and then sue later.
NCC should get a good legal team, else the judgment would get to the root of the enabling laws.


You can't be a judge in you own case neither can you deny a accused of fair hearing (even at a NCC tribunal or disciplinary cmte). Those are fundamental of any justice system.

Ok
I hope the PMB lead administration will notnot scuttle the telecom sector through NCC .the outcome of this case will be a strong signal whether the PMB led govt and the NCC is interested in foreign investors or selective deactivation of investors!!

You blame dem?? Its the Government i blame for giving emptyhen any reduction in the first place.

If you impose a fine, stick to it. .....Tell me if the south africans would consider a Nigerian company if the reverse was the case.....

Now emptyhen don get mind Sue NCC.....just imagine.....no be their fault....

MTN is a business owned by shareholders.What would you expect them to do if you were a shareholder? What would you do if YOU owned MTN 100%? Just pay quietly? What MTN is doing is perfectly rational business behaviour. Cost -Benefit? What have they got to lose versus what have they got to gain?

Let us eschew sentiments and think rationally.We are talking hundreds of billions of naira i.e annual budget of several Nigerian states combined.Should they just pay without a fight?

omonnakoda:
MTN is a business owned by shareholders.What would you expect them to do if you were a shareholder? What would you do if YOU owned MTN 100%? Just pay quietly? What MTN is doing is perfectly rational business behaviour. Cost -Benefit? What have they got to lose versus what have they got to gain?

Let us eschew sentiments and think rationally.We are talking hundreds of billions of naira i.e annual budget of several Nigerian states combined.Should they just pay without a fight?

So in simple terms....emptyhen are only doing initial gra-gra....Nd they must pay the money right??

oteneaaron:
So in simple terms....emptyhen are only doing initial gra-gra....Nd they must pay the money right??

I dunno I am not an interested party are you?

I think it is a good case to pursue from the jurisprudential perspective