Court hears MTN’s suit against Malami Jan. 30

A Federal High Court, Lagos on Tuesday further adjourned hearing until January 30 -31, 2020, the suit filed by MTN Nigeria against the Attorney General of the Federation and Minister of Justice, Abubakar Malami over alleged N242 billion and $1.3 billion import duties and withholding tax assessments.

The telecommunications giant instituted the suit by a writ, on September 10, 2018, challenging the legality of the minister’s assessment of its import duty, withholding tax and Value Added Tax (vat) amounting to N242 billion and $1.3 billion respectively.

The plaintiff is seeking among other declaratory reliefs, a declaration that Malami’s demand of N242 billion and $1.3 billion from the company is premised on a process that is malicious, unreasonable and made on incorrect legal basis.

When the case was called on Tuesday, Chief Wole Olanipekun (SAN) leading a team of other senior lawyers appeared for MTN.

On the other hand, a state counsel from the Federal Ministry of Justice, Mr. T.A. Gazali, alongside Mr. Terhember Agbe, announced appearances for the justice minister.

Thereafter, the plaintiff counsel informed the court that he is ready to proceed with trial, but has been called by the respondent who informed him that he would not be able to proceed with trial as he was representing the federal government in another matter.

Olanipekun also told the court that he had filed a reply to the plaintiff’s motion and has served same on him, adding that since the respondent said he requires time to study same, it will only be fair to allow him.

On his part, Gazali also informed the court of his motion seeking extension of time to regularise his processes.

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Following consensus of parties, Justice Chukwujekwu Aneke adjourned the case until Jan. 30 and 31, 2020 for hearing.

In its writ of summons, MTN is seeking declaratory reliefs on the grounds that the revenue assets investigation by the federal government violates provisions of Section 36 of the constitution,

that the justice minister acted in excess of his powers, acted illegally by usurping the powers of the Federal Inland Revenue Service (FIRS) and that the self -assessment exercise is unknown to law, null and void and of no effect whatsoever.

In addition, the plaintiff wants a court order, vacating the attoney general’s demand letter dated August 20, for N242 billion and $1.3 billion from MTN Nigeria Communications Limited.

Besides, MTN is claiming N3 billion in damages, against the defendant, which covers general damages, exemplary damages and legal costs.

Meanwhile, in its preliminary objection, Malami argued that the plaintiff in seeking redress to the subject matter, has just three months from the date the cause of action arose to institute the action.

The attorney general added that the plaintiff commenced the suit in clear disregard to Section 2 of the Public Officers Protection Act, which provides that any action commenced against a public officer, must be made within three months from commencement of cause of action.

He further argued that the plaintiff’s failure to commence the suit within three months as stipulated by law, robs the court of jurisdiction to entertain same.