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The Nigerian Communications Commission (NCC) has asked the Federal High Court sitting Lagos, to decline jurisdiction in a suit filed by MTN Nigeria Communications Limited.
MTN had dragged the NCC and the Attorney General of the Federation (AGF) and Minister of Justice before the court to challenge the N1.04 trillion fine imposed on it.
The MTN is praying the court to quash the fine which NCC had imposed on the company in October, 2015, for allegedly failing to disconnect unregistered subscribers.
However, the fine which was $5.2 billion was later reduced to $3.9 billion with December 31 set as deadline for payment.
The MTN team of lawyers is: Wole Olanipekun, Tanimola Molajo, A.B, Mahmoud, Dr. Gbolahan Elias, Oladipo Okpeseyi, Prof. Fabian Ajogwu, Dr. Oladapo Olanipekun, all SANs.
The telecom giant 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.
But, the team of lawyers for the NCC led by Dr. Wale Babalakin, Dr. Onyechi Ikpeazu, Mr. Paul Usoro, Mr. Ahmed Raji, all SANs, is praying the court to dismiss the suit and transfer it to Abuja Division.
According to the defendants’ motion on notice, the 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.
An affidavit in support of the 1st defendant’s motion on notice, deposed to by Anone Anthony Usman, a legal practitioner in the law firm of Ahmed Raji and. Co., the commission stated that the decision of the NCC to fine the telecommunication company was taken in Abuja on October 2e0, 2015 outside the jurisdiction of the federal high court, Lagos.
The NCC also argued that Abuja division of the court has the territorial jurisdiction to handle the case.
