Visafone: Judge throws out Suit Against MTN

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Visafone: Judge throws out Suit Against MTN

By Correspondent

Justice Ibrahim Buba of the Federal High Court sitting in Ikoyi, Lagos, on Wednesday, threw out a suit, initiated by Etisalat against MTN. It would be recalled that Etisalat had questioned the use of the 800megahertz (MHZ) spectrum following MTN’s acquisition of Visafone. The plaintiff argued that it considered the action necessary to prevent the use by MTN, of the spectrum as it would entrench the defendant’s dominance in the data services market. Etisalat also noted that the utilisation of the 800MHz spectrum to deploy broadband services ahead of its competitors, particularly those who prior to MTN’s purchase of Visafone, held similar spectrum bands as MTN, would be to the disadvantage of other telecos. However, the judge threw out the action on the ground that the court does not have the jurisdiction to entertain the suit. Justice Buba further declared that the court cannot interfere with the regulatory duties of the NCC.

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