The Federal High Court in Abuja, on Friday, dismissed a suit seeking an order revoking the operating licence of a telecommunications company, MTN Nigeria Communications Limited, and another compelling it to pay to the Federal Government the total sum of N1.04tn imposed on it by the Nigerian Communications Commission as a fine in 2015.
The N1.04trn fine was imposed on MTN for allegedly violating Section 46(1) and (2) of the Nigeria Communications Act and sections 20(1) and (2) of the NCC (Registration of Telephone Subscribers) Regulations 2011, by failing to disconnect all unregistered subscribers on its network as stipulated by the Act.
The N1.04trn fine was later reduced by the Federal Government to N700bn, a review, which the suit challenged.
The suit marked FHC/ABJ/CS/448/2016 was filed on June 24, 2016, by a member of the House of Representatives, Raphael Igbokwe, and Emmanuel Njoku (on behalf of Nigerians against exploitation by telecommunications operator).
Joined as defendants in the suit were the NCC, MTN, the Attorney-General of the Federation and the Minister of Communication Technology.
Delivering judgment in the suit on Friday, Justice Babatunde Quadri, upheld the separate notices of preliminary objection filed against the suit by the defendants.
Specifically upholding MTN’s contention canvassed by its lawyer, Chief Wole Olanipekun (SAN), the judge held that the suit was statute barred, as the plaintiffs failed to file the suit within three months as stipulated in the law.
The plaintiffs, had through their lawyer, Mr. Okere Kingdom, prayed the court to among other things, determine whether or not the Minister of Justice and the Minister of Communication Technology have powers to amend, alter, adjust or vary any provisions of a delegated legislation or any other law validly made by the National Assembly, or any rules, regulations and orders validly made by any delegated legislature pursuant to an act of the National Assembly.
They said the refusal of the two ministers to appear before a committee constituted to investigate issues, circumstances and motives behind “the huge reduction of the N1.40trn fine imposed on MTN” denied Nigerians the opportunity to know the said circumstances and rationale leading to the reduction of the fine.
The plaintiffs also prayed the court to give an order of mandamus compelling the NCC to revoke the operating licence of MTN Nigeria Ltd. pending when MTN would comply with the provisions of the law, to wit: by paying the total fine of N1.04tn “duly imposed by NCC.”
Source: punchng
