MTN Group said yesterday that its Nigerian subsidiary, MTN Nigeria has resolved to sue the Nigerian Communications Commission (NCC) at the Federal High Court, Lagos to contest the imposition of N1.04 trillion fine for not deactivating 5.1 million pre-registered subscriber lines in August and September this year.
Acting on legal advice from its lawyers, MTN Nigeria said the manner of the imposition of the fine and the quantum thereof was not in accordance with the NCC’s powers under the Nigerian Communications Act and therefore there are valid grounds upon which to challenge the fine.
A statement issued to its Johannesburg Stock Exchange (JSE) shareholders yesterday evening advised 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 NCC.
Chris Maroleng, spokesman of MTN Group said 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.
He said the lawyers advised MTN “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.”