NCC slams MTN, denies N50bn payment claim

The Nigerian Communications
Commission, NCC, yesterday distanced itself from
claims by MTN Nigeria that it persuaded the
phone company to withdraw its lawsuit for both
sides to reach an out-of-court settlement over a
N780 billion fine imposed by the regulator.
The commission also denied knowledge of
MTN’s claim that it made a part payment of
the fine.
MTN had announced Wednesday that it was
dropping its legal challenge, and making a
“good faith” payment of N50 billion to enable
the two sides reach an amicable solution on the
matter.
“This is a most encouraging development. It
demonstrates a willingness and sincerity by both
parties to work together towards a positive
outcome,” MTN Nigeria’s Chief Executive
Officer, Ferdi Moolman, had said.
But the Director of Public Affairs, NCC, Tony
Ojobo, said yesterday the commission was neither
aware of MTN’s decision to withdraw its court
case, nor pay $250 million (about (N50 billion)
to the Nigerian government.
“We, NCC, are not privy to it (agreement to
withdraw a case from court and pay $250 million
by MTN). We do not have anything to do with
it. We do not have any evidence of payment of
any money to the Nigerian government.
‘’There is no invoice to that effect. We have
also not gotten any official information or
confirmation that they have withdrawn their case
in court.
“That information is not from us, NCC. It is
MTN that released it from South Africa. We
have not got into any discussion on the
modalities of payment of the fine.
‘’Whatever MTN is doing does not affect the
fact that a regulatory fine was imposed and
payment is expected,” Ojobo said.
Mr. Ojobo, however, assured that the NCC
management would meet later to review the
report and take a decision that would be
communicated to the public through an official
statement.
“We have not even met to take a decision like
that. There was no discussion whatsoever with
NCC on the matter. MTN has not even met with
the committee that was set to discuss these
issues.
“On what basis was the agreement made? We
do not know the basis on which they arrived at
the $250 million they claim to have paid.
‘’For now, no official position on this. We are
just hearing it in the news like every other
person,” he explained.
The NCC had in October 2015, sanctioned MTN,
Nigeria’s largest mobile operator, for failing to
disconnect 5.1 million improperly registered lines
within the prescribed deadline in compliance with
its regulatory directive to telecom operators in the
country.
The penalty was based on N200,000 fine imposed
for every unregistered SIM card in use on any
telecom operator’s network.
Although the fine was subsequently reduced by
25 per cent to N780 billion, MTN Nigeria failed
to pay the penalty.
The company later filed a suit at the Federal
High Court, Lagos to challenge the Nigerian
government’s action.
The court gave both parties until March 18, 2016
to reach an amicable out-of-court settlement over
the matter.
When contacted, spokesperson for MTN, Funso
Aina, said he should be given some time to
respond.