Nigeria: Authorities to enforce MTN’s $3.9 billion fine

LAGOS, Nigeria

The Nigerian Communications Commission (NCC) is prepared to enforce payment of its $3.9 billion fine against South African telecoms giant MTN, Victor Oluwadamilare, a spokesman for the Ministry of Communications told Anadolu Agency on Wednesday.

The fine imposed on telecoms giant MTN is due on Thursday, but the company does not intend to pay.

MTN has filed suit in the Lagos Federal High Court seeking to quash the fine. MTN’s view is that the court case delays payment of the fine until there is a ruling.

But that is not the view of the NCC.

"If the MTN doesn't pay the fine by tomorrow, the NCC will enforce the fine in line with relevant provisions of the NCC Act. The fact that they have gone to court doesn't affect the fact that they have a fine hanging on their neck. These are two separate issues,” the ministry spokesman said.

The spokesman would not say what action the NCC would take, but insisted that the commission could employ its full powers accorded by law.

“You are aware that in sequel to the suit filed by MTN, the NCC has put together a team of eminent lawyers to defend the interest of the government and Nigerians. And of course the lawyers have filed an objection to the MTN suit on diverse grounds,” the spokesman said.

The spokesman said that the NCC had every right to enforce the fine in line with relevant provisions of the law that established it.

The spokesman also denied that the MTN court case gave them the right to delay payment of the fine.

"MTN is just trying to buy time. There is no merit in their argument. They have gone to court but they are still arguing the case in the court of public opinion. You can be sure that the NCC will do the needful,” the spokesman said.

“The Buhari administration is a serious government and that is a challenge for the MTN. This government is significantly different from the Jonathan government [the preceding government under former president Jonathan Goodluck] in which you had crass inefficiency in all spheres of government and you had corruption as the order of the day. If MTN is still under the illusion of the permissive nature of the past government, then it is wrong,” the spokesman said.

The fine was imposed by the telecommunications authority on Oct. 26 after MTN failed to register 5.2 million user SIM cards.