Court dismiss suit seeking to enforce MTN’s N1.04 tr fine

Andrew Orolua, Abuja

The Federal High Court in Abuja has dismissed a suit seeking to compel the Nigerian Communications Commission (NCC) to enforce N1.040 trillion fine it initially imposed on MTN by Nigeria Communications Limited for failure to disconnect unregistered subscribers.

Hon Raphael Igbokwe and Emmanuel Njoku have filed the suit seeking an order of the court to compel MTN to pay into the Federation Account the total sum of N1.04 tr being the fine imposed by NCC.

The plaintiffs also prayed the court to compel NCC based on its Act to revoke the operation license of MTN Nigeria Ltd pending when it pay the fine.

Beside the NCC, MTN the plaintiffs also joined Attorney General of the Federation and the minister of Communication Technology as defendants.

Delivering judgment in the suit yesterday Justice Babatunde Quadri held that the preliminary objections raised by the respondents succeed because the plaintiffs have filed the suit out of time allowed by the Public Officer Protection Act.

He said that the Public Officer Protection Act provision permits an aggrieved persons to challenge an action taken by public officer within 30 days. The plaintiffs have filed this action several months after the Attorney General of Federation announced the reduction of N1.040 trillion fine to N700bn fine.

The judge also held that the plaintiff’s suit (application) was out of step. He said although, the NCC Act specifically stated that action can only be made through application ,there were caveat which the plaintiffs did not comply with, thus made their application incompetent.

Consequently, the court dismissed the suit based on the preliminary objection.