NCC had imposed the N1.04tn fine on MTN for its failure to disconnect its unregistered subscribers in line with the commission’s directive.
But not pleased with the sanction, the
telecommunications company had approached a Federal High Court in Lagos
seeking an order quashing the fine.
MTN had urged the court to determine
whether NCC could act pursuant to Section 70 of the NCC Act to impose a
fine on it without breaching the provisions of sections 1 (3), 4 and 6
of the 1999 Constitution.
The telecommunications company claimed
that NCC violated its (MTN) fundamental right to fair hearing, adding
that by imposing the fine, NCC was already usurping “the exclusive
legislative powers of the National Assembly, as well as the judicial
powers of the courts established under the constitution.”
But in a motion on notice filed through
its lawyers, Ahmed Raji (SAN), and Mahmud Magaji (SAN), NCC asked the
court to dismiss the suit for want of jurisdiction or send it to Abuja.
The commission argued that the suit was
wrongly filed in Lagos, noting that the subject of the dispute took
place in Abuja, while the two respondents in the suit, NCC and the
Attorney General of the Federation, were also based in Abuja.
NCC urged the court to void the service
of court processes on it, arguing that the commission failed to comply
with Section 143 of the NCC Act in serving the processes.
It asked the court to either dismiss the suit or transfer it to the Abuja division of the court.
MTN in its suit, which has yet to be
heard, is contending that it was not afforded enough time to comply with
the NCC directive, adding that the commission did not also give it fair
hearing before hurriedly announcing the sanction.
It also contended that the sanction of
N.2m per SIM was excessive, noting that it was the highest fine ever
imposed on any telecommunications company in the world.
The suit was filed on behalf of MTN by
Chief Wole Olanipekun, Tanimola Molajo, A.B. Mahmoud, Dr. Gbolahan
Elias, Oladipo Okpeseyi, Prof. Fabian Ajogwu and Dr. Oladapo Olanipekun,
all Senior Advocates of Nigeria.
By Ramon Oladimeji
No comments:
Post a Comment