Court refuses to revoke MTN’s operating licence over N1.40trn fine

The Federal High Court in Abuja, on Friday, declined to compel MTN Nigeria Communications Limited to pay into the federation account the total sum of N1.40trillion, being the fine that was imposed on it by the Nigerian Communications Commission, NCC.

The court equally refused to issue an order of mandamus to compel NCC to perform its statutory obligation under section 45(1) (a) (b) and (c) of the Nigeria Communications Act, by revoking MTN’s operation license, pending when it paid the fine.

In a judgment that was delivered by Justice Babatunde Quadri, the court dismissed the suit marked FHC/ABJ/CS/448/2016, which queried powers of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Minister of Communications Technology, Adebayo Shittu to reduce the fine imposed on MTN to N780billion.

The suit was filed before the court by a member of the House of Representatives, Hon. Raphael Igbokwe and Mr. Emmanuel Njoku, who told the court that they acted on behalf of ‘Nigerians Against Exploitation By Telecommunications Operators’. Cited as defendants were the NCC, MTN Nigeria Communications Ltd, the AGF and the Minister of Communication Technology.

Specifically, the plaintiffs through their lawyer, Mr. Okere Kingdom, prayed the court to among other things, determine “Whether or not the Minister of Justice/Attorney General of the Federation and the Minister of Communications 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.

 “Whether or not the National Assembly of Nigeria or any Arm of the National Assembly has the constitutional powers to constitute an investigative panel and to summon any government official, to inquire into the circumstances surrounding the alteration, variation and reduction of the fine lawfully imposed on MTN Nigeria Communications Ltd by NCC, which fine was imposed pursuant to delegated powers conferred on the NCC by an Act of the National Assembly. “Whether or not MTN Nigeria Communications Ltd has breached section 146(1) and (2) of the NCC Act and sections 19(1) and 20 (1) and (2) of the NCC (Registration of Telephone Subscribers Regulations) 2011, by intentionally and willfully failing to disconnect and register all unregistered subscribers on its network as stipulated in the Act”.

Vanguard