…seeks transfer of case to Abuja
Nigerian Communications Commission (NCC) has challenged the suit filed by MTN Nigeria Communications Limited, asking that the suit be dismissed.
The commission, through its team of lawyers led by Dr. Wale Babalakin, Dr. Onyechi Ikpeazu, Mr. Paul Usoro, Mr. Ahmed Raji, all senior advocates, asked the Federal High Court in Lagos where the suit was filed by MTN to decline jurisdiction.
They asked the court to transfer the case to Abuja division of the court where the cause of action arose.
According to the defendants’ motion on notice, NCC asked the Lagos court to set aside the purported service of the originating summons and other processes in the matter for non-compliance with the provisions of Section 143 of the commission’s Act.
The commission also asked the court to decline jurisdiction in the matter and transfer the case to Abuja division of the court where the cause of action arose.
According to the affidavit in support of NCC’s motion on notice, deposed to by Anone Anthony Usman, a legal practitioner in the law firm of Ahmed Raji and. Co., the commission said the decision of the NCC to fine the telecommunication company was taken in Abuja on October 20, 2015 outside the jurisdiction of the Federal High court, Lagos.
The defendant said that the proper and convenient forum for the determination of the case is the Abuja division of the court.
The NCC also argued that Abuja division of the court has the territorial jurisdiction to handle the case and is also where the performance of the demand of the 1st defendant on the plaintiff (MTN) is to take place.
MTN had dragged NCC and the Attorney General of the Federation (AGF) and Minister of Justice before the court to challenge the N1.04 trillion fine placed on it.
In the suit, the firm is urging the court to quash the fine NCC had imposed on them last October for failing to disconnect unregistered subscribers.
The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion earlier this month, with a payment deadline set for December 31.
But MTN through its team of lawyers comprising Chief Wole Olanipekun, Tanimola Molajo, A.B, Mahmoud , Dr. Gbolahan Elias, Oladipo Okpeseyi, Prof. Fabian Ajogwu, Dr. Oladapo Olanipekun (all senior advocates) through an originating summons, is challenging the power of NCC to impose such a fine on it.
The telecoms company argued that NCC as a regulator, cannot assume all the functions of the state on its own, considering the fact that they made the regulation, prescribed the penalty and imposed the fine payable to the commission and not the federal government.
The firm also said 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 offence that will warrant it to pay such outrageous fine.
-Leadership