Sunday, 24 January 2016

Court Adjourns MTN, NCC Suit To March 18


Federal High Court in Lagos has adjourned till March 18, the suit filed by MTN Nigeria challenging the 1.04 trillion Naira fine imposed on it by the Nigerian Communication Commission (NCC).

Following the various submissions of lawyers, Justice Idris held that all the preliminary objections and substantive application shall be taken together while all the processes filed shall be deemed as properly filed and served.


He then adjourned the matter till March 18, for report of settlement or for hearing.

MTN had in December 2015 filed the suit through its lawyers led by Wole Olanipekun (SAN), arguing that the 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, which is payable to the commission and not the Federal Government.

The telecommunication company also claimed 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 an outrageous fine.


The NCC urged the court to dismiss or decline to hear the suit for want of jurisdiction, or send it to Abuja.


At the resumed hearing of the matter on Friday, Olanipekun informed the court that parties are already discussing on how to resolve the matter out of court.

The lawyer then asked for a 60-day period from the court to allow for the discussions.


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