Telecom giants drags NCC to over $3.9 billion fine, hires 7 senior advocates

folarin okunola

December 21, 2015 10:37 AM

The company wants the court to dismiss the fine which the NCC imposed on the South Africa-based telecoms giant in October for failing to disconnect about 5.1 million unregistered SIMs

Phuthuma Nhleko will take over as interim CEO pending when the company finds a replacement for the departed Dabengwa

According to various media reports, telecom giant MTN Nigeria, has filed a suit at the Federal High Court, Lagos challenging the $3.9 billion Nigeria Communications Commission (NCC) fine imposed on it by the regulator.

Also named as a defendant in the suit is the Attorney General of the Federation (AGF) and Minister of Justice.

The company wants the court to dismiss the fine which the NCC imposed on the South Africa-based telecoms giant in October for failing to disconnect about 5.1 million unregistered SIMs, according to a report by Nigerian Guardian News Online.

The initial $5.2 billion fine was cut down by 25 percent to $3.9 billion earlier in December, with a deadline date for payment of the fine set for December 31.

READ: Lawyers sue telecom giant, NCC over $5.2 billion fine reduction

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

The company believes that since the NCC is just a regulatory body, it cannot assume all the powers of the state, especially since it made the regulation, prescribed the penalty and imposed the fine, which is payable to the commission and not the federal government.

According to the Guardian Online report, MTN also affirms in the suit that it was not afforded its constitutional right to be heard fairly before a court of competent jurisdiction, particularly because it had not been found guilty of any offence that will be worth such an “outrageous” fine.

In addition, the company stated that the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate as well as “impracticable”.

Finally, the company accused the NCC of acting as a legislator, executor, accuser, prosecutor, judge, and beneficiary of the penalty imposed on it, adding that the N200, 000 per SIM sanction by the regulatory agency was excessive.

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