Effort by a Lagos based lawyer, Oluyinka Oyeniji to stop
the Nigeria Communication Commission (NCC) on alleged plan to deactivate
millions of MTN subscribers line has failed before the Federal High
Court, Lagos.The lawyer alleged that NCC was planning to take the action
against MTN and its subscribers following the alleged refusal of the
telecommunication company to pay the N1.4 trillion fine slammed on it
for alleged unethical practice.
In his bid, Oyeniji dragged NCC and MTN before court, filed suit on behalf of himself and millions of MTN subscribers
In a motion exparte filed before the court, the plaintiffs want an
order of interim injunction restraining the first respondent(NCC) from
exerting, enforcing any sanctions on the second respondent(MTN),
especially on the sum of N1.4 trillion or any sum relating to compliance
over subscribers deactivation at all, pending the determination of the
motion on notice.
The plaintiff also seek for an order of interim injunction
restraining MTN from making any payments regarding the N1.4 trillion
penalty exerted and imposed upon it by NCC pending the determination of
the motion on notice.
The lawyer also want an order directing parties to maintain the status quo pending the argument of the motion on Notice.
He also seek for an order mandating the first respondent (NCC) to
tender documentary evidence of accounts to justify the fines imposed on
the second respondent (MTN) as well as other telecommunication operators
including the appropriation and disbursement thereof from 2002 till
date in accordance with Order 44 Rule 4 of the Civil Procedure
Rules,2009.
He want the court to grant leave to the applicant for the originating
processes to be served outside jurisdiction of the court on the second
respondent and for such processes to be marked “CONCURRENT”
The motion was supported by a 24 paragraph affidavit.
At the hearing of the suit on friday before Justice Mohammed Idris,
Yemi Salma who represented the applicant told the court about the
alleged plan of the NCC to deactivate MTN subscribers lines following
the refusal of MTN to pay the N1.4 trillion fine.
The applicant urged the court to grant the exparte order, he said, he
read in a Thisday publication and online news medium that the
regulatory body will carried out the sanction by Monday next week which
will affect million of subscribers.
However, the judge in his ruling noted that a newspaper publication
was a mere speculation which could not be tendered as evidence in court.
The court therefore thrown out the interim order but granted the
order seeking to serve the respondents outside jurisdiction of the
court.
The matter was adjourned till November 19, 2015 for hearing on the motion on notice.
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