NCC urges court to dismiss telecom giant's case over N1.04 trillion fine

folarin okunola

December 30, 2015 9:28 AM

MTN Nigeria had been fined by the regulator for failing to deactivate unregistered SIMs despite repeated warnings by the NCC.

Prof. Umar Garba Danbatta, NCC CEO/EVC

According to various media reports, the Nigeria Communications Commission (NCC) has told a Federal High Court in Lagos to dismiss or decline hearing the suit filed by MTN Nigeria challenging the N1.04 trillion fine imposed on it by the Commission.

MTN Nigeria had been fined by the regulator for failing to deactivate unregistered SIMs despite repeated warnings by the NCC.

MTN however decided to challenge the fine in court and approached a Federal High Court in Lagos with its legal made up of seven Senior Advocates of Nigeria, seeking an order to quash the fine.

According to the suit, MTN asked the court to determine whether the NCC could act pursuant to section 70 of the NCC act to impose a fine on it without breaching the provisions of sections 1 (3), 4 and 6 of the 1999 constitution.

READ: FG says telecom giant's masts used for Radio Biafra transmitters, could be in fresh trouble

The telecom company claimed that the NCC violated its fundamental right to fair hearing, adding that by imposing the fine, the NCC was already flouting “the exclusive legislative powers of the National Assembly, as well as the judicial powers of the courts established under the Constitution.”

However, the NCC, through its lawyers, Ahmed Raji (SAN) and Mahmud Magaji (SAN), asked the court to dismiss the suit for want of jurisdiction or transfer the case to Abuja instead as the two respondents in the MTN suit – the NCC and the Attorney General of the Federation – were both based in Abuja.

The court is yet to hear either of the cases but stay with Pulse Tech to keep you updated on the battle between South Africa-based MTN and the NCC.

folarin okunola