MTN in hot seat as CEO, others to face FCCPC charges Oct. 30

The Federal High Court in Abuja has postponed the arraignment of Mr. Karl Toriola, Chief Executive Officer of MTN Nigeria Communications Plc, and other top company executives until October 30.

The postponement follows the absence of Justice Hauwa Yilwa, who was reportedly attending a workshop on Thursday and therefore could not preside over the case.

Toriola, alongside Tobechukwu Okigbo, MTN’s Chief Corporate Services, and Sustainability Officer, and Ikenna Ikeme, General Manager of Regulatory Affairs, are facing a two-count charge filed by the Federal Competition and Consumer Protection Commission (FCCPC).

The case, marked FHC/ABJ/CR/354/2024, accuses the MTN executives and the company of failing to comply with lawful summons demanding the production of certain documents and information. The alleged offence took place around June 18, 2024, following a formal request from the FCCPC dated May 17, 2024, which was later extended via a letter on June 5, 2024.

According to the FCCPC, the defendants “without sufficient cause failed to produce documents and or information which they were required to produce, in compliance with a lawful Summons and Request to Produce.”

This action, the commission alleges, constitutes a violation of Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018, and is punishable under Section 111 (2) of the same Act.

At the previous court date, FCCPC’s counsel, Nsitem Chizenum, informed the court that the defendants had not been served with the required court documents, despite multiple attempts. “Several efforts made to effect the service of the processes on the defendants were unsuccessful,” Chizenum stated.

He also revealed that the Nigeria Police Force was assisting with the service process and that their application to compel attendance was under review.

Initially, the case was slated for May 28 for the defendants to enter their pleas. However, none of them appeared in court on that date.

The prosecution team is led by Akoji Achimugu, who filed the charges on July 22, 2024, following the commission’s investigation into the alleged breach.