The Federal Government has instituted legal action against MTN Nigeria Communications Plc and three of its senior officials for allegedly withholding information requested by the Federal Competition and Consumer Protection Commission (FCCPC).
Among those charged alongside MTN in the criminal proceedings before the Federal High Court in Abuja are the company’s Managing Director and Chief Executive Officer, Karl Toriola; Chief Corporate Services Officer, Tobechukwu Okigbo; and General Manager, Regulatory Affairs, Ikenna Ikeme.
According to the two-count charge, marked FHC/ABJ/CR/354/2024, the telecom giant and its executives allegedly failed to comply with a lawful request to produce documents, which constitutes an offence under the Federal Competition and Consumer Protection Act (FCCPA), 2018.
The charge, filed by the FCCPC on behalf of the Federal Government, states: “That you, MTN Nigeria Communications PLC, Mr. Karl Olutokun Toriola (M), Mr. Tobechukwu Okigbo (M) and Mr. Ikenna Ikeme (M) on or about the 18th day of June, 2024, at Plot 2784, Shehu Shagari Way, Maitama, Abuja, without sufficient cause, failed to produce documents and/or information which you were required to produce, in compliance with a lawful summons and request to produce, dated May 17, 2024, which compliance with same was further extended by a letter dated June 5, 2024, and thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.”
“That you, MTN Nigeria Communications PLC, Mr. Karl Olutokun Toriola (M), Mr. Tobechukwu Okigbo (M) and Mr. Ikenna Ikeme (M) on or about the 18th day of June, 2024, at Plot 2784, Shehu Shagari Way, Maitama, Abuja, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission (FCCPC) under statutory notice and demand did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and/or information in compliance with a lawful summons and request to produce, dated May 17, 2024, which compliance with same was further extended by a letter dated June 5, 2024, and thereby committed an offence contrary to Section 111 (1) of the Federal Competition and Consumer Protection Act, 2018, and punishable under Section 111 (2) of the Federal Competition and Consumer Protection Act, 2018.”
When the case came up before Justice H.J. Yilwa on Monday, the defendants were absent.
In response, the FCCPC’s legal representative, Chizenum Nsitem, informed the court that although the case had been scheduled for the arraignment of the defendants, he had just been briefed and needed time to review the case file.
Justice Yilwa subsequently adjourned the matter to May 28 for arraignment.
