MTN settles for out of court settlement with NCC

JUSTICE Mohammed Idris of the Federal High Court, Lagos, yesterday said hearing in the suit filed by  Nigeria Communications Limited against the Nigeria Communication Commission (NCC) over the N1.04 trillion fine imposed on the telecommunication outfit would be March 18.

Prior to the fixing of the hearing date, counsel to MTN, Chief Wole Olanipekun (SAN), informed the court that parties were already discussing on how to resolve the matter amicably.He then asked for a 60-day period from the court to allow for the discussions.

In his submissions, counsel to NCC, Yusuf Alli (SAN), disclosed that the court's discretion is limited to the rules of court, which allows for just 21 days to file and serve written addresses.
Counsel to the Attorney General of the Federation (AGF), Oladipo Okpeseyi (SAN), in his response to Olanipekun's 60-days request, expressed reservations.

He disclosed that the telecommunication outfit has not been consistent in its call for an out of court settlement of the matter.

"This is a matter of national importance. There has been concessions in the past and nothing happened", he said.

The silk urged the court to make a consequential order that all the processes filed are deemed as properly filed and served.

Following the various submissions of lawyers, Justice Idris held that all the preliminary objections and substantive application shall be taken together while all the processes filed shall be deemed as properly filed and served.

He then adjourned the matter till March 18, for report of settlement or for hearing.

In the substantive suit, MTN had sued NCC, challenging the sanction imposed on it and urged the court to quash the fine.

Joined as co-respondent in the suit is the Attorney General of the Federation and Minister of Justice.

The telecoms company argued that NCC being a regulator couldn't assume all the functions of the state on its own.

It was further argued that the NCC cannot make the regulation, prescribed the penalty and imposed the fine.

MTN also alleged that 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.

It contended that the sanction imposed on it by NCC was within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.