Telecoms subscribers sue NCC, MTN over $5.2bn fine

Some telecoms subscribers under the aegis of National Association of Telecommunications Subscribers (NATCOMS) have filed a suit against the Nigerian Communications Commission (NCC) and MTN Nigeria over the N1.4 trillion fine slammed on MTN by NCC on SIM card deactivation. NATCOMS is challenging NCC at the Federal High Court, Lagos, praying the court to stop […]

Some telecoms subscribers under the aegis of National Association of Telecommunications Subscribers (NATCOMS) have filed a suit against the Nigerian Communications Commission (NCC) and MTN Nigeria over the N1.4 trillion fine slammed on MTN by NCC on SIM card deactivation.
NATCOMS is challenging NCC at the Federal High Court, Lagos, praying the court to stop the first respondent (NCC) from further imposing fine on the second respondent (MTN).
The group also wants the court to compel NCC to account for all the monies it collected as fines from telecoms operators since from 2002 till date in accordance with Order 44 Rule 4 of the Civil Procedure Rules, 2009; and to pay such monies to subscribers as compensation for poor service quality they had suffered from in the past.
According to the court document filed by Ms Sarah Emiewo and seen by Daily Trust, NATCOMS also called for an order of perpetual injunction, restraining the first respondent from further imposing or exerting any fine in respect of registration of telephone subscribers on the second respondent.
It equally called for an order, mandating the first respondent to commission, establish and conduct monthly updates on the central database and to conduct rigorous campaign for applicants and other telephone subscribers to update their particulars with the respondents.
It also called for an order, mandating the respondents to publish newspaper apologies to the applicants and other telephone subscribers for the lack of establishment, maintenance and conducting updates on the central database.
The court document says in part: “AN ORDER OF INTERLOCUTORY INJUNCTION restraining 1st Respondent from exerting, enforcing and further imposing or enforcing any Sanctions on the 2nd Respondent especially the sum of N1.4trn or any sum relating to compliance over subscribers deactivation at all pending the determination of the substantive suit;
“AN ORDER OF INTERLOCUTORY INJUNCTION restraining the 2nd Respondent from making any payments regarding the N1.4trn Penalty exerted and imposed upon it by the 1st Respondent pending the determination of the substantive suit;
“AN ORDER OF INTERLOCUTORY INJUNCTION directing Parties to maintain the status quo i.e. nonpayment of any Sanctions or Penalty regarding the deactivation of subscribers pending the argument of the substantive suit;
“AN ORDER mandating the 1st Respondent to render documentary evidence of accounts showing the Fines imposed on the 2nd Respondents as well as other Telecommunications Operators including the appropriation and disbursement thereof from 2002 till date in accordance with Order 44 Rule 4 of the Civil Procedure Rules, 2009.