SAN FRANCISCO, December 18, (THEWILL) – Ahead of the December 31, 2015, deadline handed to it by the Nigerian Communications Commission, NCC, to pay its fine, MTN Nigeria yesterday resolved not to pay the hefty fine imposed on it by the commission as a result its failure to disconnect an estimated 5.1 million improperly registered subscribers, vowing to drag the NCC to court over the matter.
Despite NCC’s recent reduction of the fine from N1.04trn to N780bn and its directive that the telecom operator must clear the fine before the end of the year, MTN Nigeria told its shareholders that “all factors having a bearing on the matter have been thoroughly and carefully considered including a review of the circumstances leading to the fine and the subsequent letters received from the Nigerian Communications Commission, NCC.
“MTN Nigeria acting on legal advice has resolved that the manner of the imposition of the fine and the quantum thereof is not in accordance with the NCC’s powers under the Nigerian Communications Act. Accordingly MTN has followed due process and has instructed its lawyers to proceed with an action in the Federal High Court in Lagos seeking the appropriate reliefs.
On the appropriate reliefs it will seek in court, the South African company disclosed that it has been advised that “in the current circumstances in line with the lis pendens rule (pending legal action) the parties are enjoined to restrain from taking further action until the matter is finally determined. This is consistent with previous judicial decisions in Nigeria.”
MTN Nigeria was however quick to point out that notwithstanding this action, it will continue to engage with the Nigerian authorities to try and ensure an amicable resolution in the best interests of the company, its stakeholders and the Nigerian authorities.
