The Tinubu-led Federal Government has filed a lawsuit against MTN Nigeria Communications Plc and three of its senior officials, accusing the telecom company and its executives of withholding documents requested by the Federal Competition and Consumer Protection Commission (FCCPC). The charges were brought before the Federal High Court in Abuja, sparking significant attention within both the telecommunications industry and the legal community.
The three MTN officials named in the case include the company’s Managing Director and CEO, Karl Toriola; Chief Corporate Services Officer, Tobechukwu Okigbo; and General Manager of Regulatory Affairs, Ikenna Ikeme. All are facing criminal charges related to their alleged failure to comply with requests for documentation made by the FCCPC.
According to the two-count charge, registered as FHC/ABJ/CR/354/2024, MTN Nigeria and its top executives are accused of failing to produce the required documents in response to lawful summons issued by the FCCPC. The summons requested specific information necessary for an investigation into the company’s practices, a request that is said to have been ignored.
The charge, which was 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.”
The charge further explains the ongoing failure to comply with the FCCPC’s requests. It reads, “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… in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission… did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation.”
Under the Federal Competition and Consumer Protection Act (FCCPA) of 2018, such actions are considered criminal and carry significant penalties. Specifically, the defendants are accused of violating Section 33(3) and Section 111(1) of the Act, which stipulate that failure to comply with regulatory inquiries and legal summons is punishable under the law.
During the first hearing of the case, which took place before Justice H.J. Yilwa on Monday, the accused parties were notably absent from the proceedings. This absence led to some confusion, as the case had been scheduled for the defendants’ arraignment.
In response to their absence, Chizenum Nsitem, the legal representative for the FCCPC, explained to the court that he had only recently been briefed about the case and needed additional time to thoroughly review the files before proceeding with the arraignment.
Justice Yilwa, acknowledging the request for more time, agreed to postpone the matter. The case was adjourned to May 28, 2025, for the arraignment of the defendants, allowing the FCCPC’s legal team the necessary time to prepare.
