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The MTN
Group on Thursday said it had asked its Nigerian subsidiary not pay the
N780bn fine imposed on it by the Nigerian Communications Commission.
The NCC
had initially fined MTN Nigeria N1.04tn for its failure to disconnect
5.1 million unregistered Subscriber Identification Module cards, but the
fine was later reduced by 25 per cent to N780bn upon pleas by the firm.
It said
having discovered that the imposition of the fine was not in accordance
with the NCC’s powers under the Nigerian Communications Act, there were
valid grounds upon which to challenge it.
“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,” the telecoms firm said in a statement.
The Group Public Affairs Manager, MTN Group, South Africa, Chris Maroleng, signed the statement.
He said
that prior to seeking legal redress, “all factors having a bearing on
the matter were thoroughly and carefully considered, including a review
of the circumstances leading to the fine and the subsequent letters
received from the Nigerian Communications Commission.”
“MTN is
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,” he stated.
Maroleng
added that notwithstanding the action, the MTN Group would continue to
engage with the Nigerian authorities to try to ensure an amicable
resolution in the best interests of the company, its stakeholders and
the NCC.
“Shareholders
are, therefore, advised to continue to exercise caution when dealing in
the company’s securities until a further announcement is made,” he
added.
However,
the Public Affairs Director, NCC, Tony Ojobo, said the commission had
yet to receive any court summons on the matter, adding, “When we get it,
the NCC will react appropriately.”
According to him, the court is for everybody and it will serve as an opportunity to test some of Nigeria’s laws.
“The commission is ready for them. When we get the summons, we shall meet them in court,” Ojobo added.
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