Court fixes date to hear suit challenging NCC’s fine on MTN

A Federal High Court in Lagos on Monday fixed February 4, 2016 to hear a suit against the Nigerian Communication Commission challenging the imposition of N1.4 trillion fine on MTN.
The suit, slated for hearing, was adjourned due to the absence of the judge.
The Incorporated Trustees of the National Association of Telecommunications Subscribers instituted the suit.
The association and its President, Oluyinka Oyeniji (who sued for themselves and on behalf of MTN subscribers), seek an injunction restraining NCC from imposing any sanction on MTN.
NCC recently imposed the fine over MTN’s alleged non-compliance with a directive to deactivate the lines of all unregistered GSM subscribers.
The fine was later reduced from $5.2 billion to $3.9 billion (about N777 billion).
In the suit, NATCOMS is praying the court for an order for parties to maintain status quo, pending the hearing of the substantive suit.
In its originating summons, the plaintiff is seeking a declaration that both NCC and MTN are statutorily responsible for the registration of subscribers based on NCC (Registration of Telephone Subscribers) Regulations, 2011.
It prayed the court to declare that NCC failed in its statutory duties to conduct monthly updates of the central database from 2011 till 2015 and to efficiently maintain it in spite of huge sums of money deployed.
The plaintiff is also praying the court to declare the N1.4 trillion fine as illegal, unconstitutional, null and void.
The plaintiff averred that NCC cannot unilaterally impose or exert any fine on a telecom firm without a court’s order after conviction for an offence.
NATCOMS, which also sought N10 million as cost of the action, wants the court to hold that NCC cannot be a judge in its own case by imposing a fine on MTN.
Meanwhile, in a preliminary objection, NCC argued that the plaintiff lacked the locus standi (legal right) to institute the suit.
It said no reasonable cause of action was disclosed by the plaintiff.
NCC is praying the court to strike out the suit in its entirety with an award of substantial costs against the plaintiff.
NAN.