$3.9b Fine: MTN Drags NCC to Court

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$3.9b Fine: MTN Drags NCC to Court

By Correspondent

The Nigerian Communications Commission (NCC) has been dragged before a Federal High Court sitting in Ikoyi, Lagos by the telecommunications giant, MTN over the $3.9billion sanction imposed on it by the commission. Joined in the suit alongside the NCC is the Attorney General of the Federation (AGF) and Justice Minister. MTN is specifically praying the court to crush the fine NCC imposed on it last October for its alleged failure to disconnect unregistered subscribers. It would be recalled that the former sanction of $5.2billion received a downward review of 25 per cent to $3.9billion earlier this month, with a payment deadline set for December 31. However, the telecommunication giant, through its lawyer, Chief Wole Olanipekun (SAN), questioned the powers of NCC to impose a fine of that nature. MTN also contended that the NCC, on the basis of being a regulator, cannot assume all the functions of the state on its own, in view of the fact that they made the regulation, prescribed the penalty and imposed the fine, payable to the commission and not the federal government. The telecommunications firm further pointed out 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 offense that will warrant it to pay such an outrageous fine. Insisting that the deadline of seven-day deadline to disconnect 5.2 million subscribers was grossly inadequate and impracticable, MTN maintained that the deadline was unfair and ran contrary to the requirement to give adequate notice to the subscribers and all operators.

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