MTN Drags FG, NCC To Court Over $3.9b Fine

MTN Drags FG, NCC To Court Over $3.9b Fine

Telecommunication company, MTN has dragged the federal government and the Nigeria Communications Commission (NCC) before the Federal High Court in Lagos, challenge the $3.9billion sanction imposed on it by the NCC.

MTN is urging the court to quash the fine because the NCC does not have the constitutional power to impose such a fine on it.

 It will be recalled that NCC had in October this year slammed the South African telecoms giant with a fine of $5.2billion for allegedly failing to disconnect unregistered subscribers and prescribe a deadline of December 31, 2015 for payment of the said fine.

The commission later reduced the initial fine by 25 per cent to $3.9billion earlier this month, with a payment deadline set for December 31.

However, MTN through its team of lawyers namely:  Chief Wole Olanipekun (SAN), Tanimola Molajo (SAN), A.B, Mahmoud (SAN), Dr. Gbolahan Elias (SAN), Oladipo Okpeseyi (SAN): Prof. Fabian Ajogwu (SAN), Dr. Oladapo Olanipekun (SAN) through an originating summons, is challenging the powers of NCC to impose the fine on it.

According to MTN the NCC being a regulator, cannot assume all the functions of the state on its own, considering the fact that they made the regulation, prescribed the penalty and imposed the fine, payable to the commission and not the federal government.

The telecoms company also claimed that it was not afforded its constitutional right of fair hearing before a court of competent jurisdiction and more importantly, it had not been found guilty of any offence that will warrant it to pay such outrageous fine.

MTN further maintained that the sanction imposed on it by NCC was within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.

It claimed that the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate and impracticable, the telecoms company said the deadline to disconnect 5,200,000 subscribers was unfair and ran contrary to the requirement to give adequate notice to the subscribers and all operators.

The company accused the regulatory agency of acting  as a legislator, executor, accuser, prosecutor, judge and beneficiary of the penalty imposed and tthat the sanction (N200,000 per SIM) imposed on it was excessive.

MTN insisted that the fine imposed on it, till date, is the highest fine ever imposed on a telecommunications company in the world, wondering if the fine is truly commensurate to the purported breach and if would not this frustrate the business of the company in Nigeria.

Sued alongside the NCC is the Attorney General of the Federation (AGF), and Minister of Justice.

MTN wants to court to determine whether having regard to the clear and unambiguous provisions of sections 1 (3), 4 and 6 of the 1999 Constitution(as amended), if the regulatory agency can validly exercise section 70 of the NCC Act in a manner that encroaches on the exclusive legislative powers of the National Assembly, as well as the judicial powers of the courts established under the Constitution?

It also stated that further to, and having regard to the express tenor of sections 1 (2) 4 and 6 of the Constitution when read together with section 70 of the NCC, whether the 1stdefendant’s promulgation of regulations 11, 19 and 20 of its Act (Registration of Telephone Subscribers) Regulations 2011 is not ultra vires its subsidiary rule-making powers and an encroachment on the legislative powers of the National Assembly, as well as the judicial powers of the courts established under the Constitution?

No date has been fixed for the hearing of the suit.

Court Orders Stanbic IBTC Bank to Pay Ex-Bank Chief, Others N4.5 billion For Breach Of Contract

Court Orders Stanbic IBTC Bank to Pay Ex-Bank Chief, Others N4.5 billion For Breach Of Contract

Justice John Tsoho of the Federal High Court in Lagos has ordered Stanbic IBTC Bank Plc to pay a former Group Managing Director of Afribank Nigeria Plc, Patrick Olayele Akinkuotu and his company, Longterm Global Capital Limited the sum of N4.5 billion for breach of contract.

The judge also ordered Stanbic IBTC and the second defendant in the case Starcomms Plc to pay interest of 10 percent on the sum per annum until the date of final liquidation.

The court also declared that the 100 million units of Starcomms’ share sold to the plaintiffs through private placement in 2008 were improper, invalid, null and void and were hereby set aside.

Akinkuotu and his company had dragged the bank and Starcomms before the court in 2012 alleging that the Stanbic IBTC deliberately misled them into buying shares of the second defendant by misrepresenting facts and issuing false documents.

Other plaintiffs in the suit are: Mrs. Oluyinka Akinkuotu and Lakeside Mews Limited.

According to the suit, which was filed by the plaintiffs’ counsel, Chief Felix Fagbohungbe (SAN), in April, 2008, the bank through one of its officers, Akintayo Mabeweji proposed to sell shares of Starcomms to the plaintiffs by way of private placement.

That the bank gave the plaintiffs an Investment Letter dated April 24, 2008, bearing the names of Stanbic IBTC and another company, Chapel Hill Advisory Partners Limited as Joint Issuing Houses and that the Investment Letter and the Form of Commitment were represented by the bank as the only placement documents which target or prospective investors were expected to rely on before they made their unfettered independent investment decisions in respect of the placement.

That based on these, each of the plaintiffs were committed to purchase 25, 000, 000 units of Starcomms shares and promptly complied with the instructions of the bank.

That on July 24, 2012 the plaintiffs received two separate investigation letter from the Securities and Exchange Commission (SEC) which raised several issues in respect of the private placement and upon enquires the plaintiffs discovered that the authentic and final document prepared and submitted to the SEC by the defendants was a Private Placement Memorandum dated May 5, 2008 and not the one given to them.

The plaintiffs averred that they were actually indued and misled by the representation which were deliberately made by Stanbic IBTC Bank Plc which made them applied and paid for Starcomms shares.

In its defence, the bank challenged the jurisdiction of the court to entertain the suit and that it should be dismissed because it was frivolous and vexatious.

The bank also argued that its did not conceal any material information in order to induce the plaintiffs to offer to participate in the private placement.

The bank also state that the plaintiffs never asked for the Private Placement Memorandum or for any information relating to the business management and financial position of the second defendant.

However, in his Judgement, Justice Tsoho agreed with the plaintiffs that the defendants deliberately concealed useful information which may have assisted the plaintiffs to reach a more informed decision.

He therefore declared that the plaintiffs are legally entitled to rescind the four Forms of Commitment for 100 million units of Starcomms’ shares which were subsequently manipulated by Stanbic IBTC Bank and were inproperly and unlawfully treated as three valid applications for subscriptions and parchases under the private placement exercise.

The court also ordered the second defendant to cancel forthwith from its register of shareholders the names of the plaintiffs.

Houston man charged after shutting down expressway for marriage proposal

Houston man charged after shutting down expressway for marriage proposal

Obstruction of a highway is a misdemeanor
It's punishable by up to six months in jail

Love can make you do some pretty crazy things. Bringing a major interstate in downtown Houston to a standstill probably shouldn't be one of them.

Vidal Valladares, 24, has been charged with obstruction of a highway, a misdemeanor, for shutting down I-45 on Sunday to propose to his girlfriend, the Harris County District Attorney's Office said. The misdemeanor is punishable by up to six months in jail.

"I'm feeling bad and, of course, I just wanted to apologize to everyone if I caused any problems," Valladares told CNN affiliate KTRK. "That wasn't my intention in the beginning. I just wanted to do something different."

His 23-year-old girlfriend Michelle Wycoff said, "Yes." The wedding is in March.

Valladares posted a picture of him popping the question on Instagram.

"When you shut down one of the biggest and busiest freeways in the entire country (I45) and you ask your girl if she wants to marry u, That moment is priceless love.

Romatic, but ...

The people of Houston weren't quite as enamored with the stunt, especially those stuck in traffic behind the prenuptial roadblock.

Horns can be heard blaring on the proposal video.
Social media took Valladares to task too, celebrating the charge filed against him.

"Good. I can think of at least 10 applicable laws broken," Kaitlyn Kaufman said on Facebook.

"That was dumb and dangerous and there are far more creative ways to propose," said Amanda Murff, "and attention seekers are annoying as hell."

Tia Leigh Sembera was a bit more understanding, but only a bit.

"While it's sweet, it's selfish and rude. He completely disregarded other people's lives," she said. "What if there was a woman in labor, someone driving to the er, someone trying to get to a wedding of their own, an interview, ANYTHING ...? You can't just stop a busy highway to be romantic. That's silly ..."

Friends and family stop traffic

Valladares had a few accomplices in his endeavor. Friends and family in eight cars blocked traffic so he could pull it off, KTRK reported.

Why I-45 in downtown Houston? That's Wycoff's favorite view of the city. Valladares wanted the setting to be perfect.

"Love makes you do stupid things and I wanted to do something big for my girl," Valladares said. "Something that she will always remember."

2012 Fuel Subsidy Protest: Court Jails Killer Cop 15 years For Manslaughter

2012 Fuel Subsidy Protest: Court Jails Killer Cop 15 years For Manslaughter

Three years after he murdered Ademola Daramola, a protester during the 2012 fuel subsidy protest in Lagos, former Divisional Police Officer (DPO), Segun Fabunmi was on Monday sentenced to 15 year imprisonment by a Lagos State High Court in Igbosere. 

The trial judge, Justice Olabisi Akinlade jail Fabunmi for ten years for manslaughter and another five years for shooting three other persons, Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, causing them grievous bodily harm.

According to the judge both sentences are to run concurrently.

Fabunmi, of No. 12 Oyewole Street, Ogudu, Lagos, was arraigned on May 5, 2013 by the Lagos State government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.

At the time of the incident, the defendant was the DPO of Pen Cinema Police Station, Agege and had led out his men to Yaya-Abatan area of Ogba following intelligence report that there was a disturbance in that area.

In her judgment, Justice Akinlade agreed with the defendant that there was indeed a mob at the scene of the incident, but concluded that he gave conflicting testimonies on whether or how an attempt was made to snatch his AK47 rifle and who fired the weapon.

The learned judge also rejected the defence counsel's argument that the shooting was the result of an accident when the defendant struggled with the mob to retain possession of his rifle.

Relying on the witnesses testimonies and all the evidence tendered, the judge held, "The only conclusion that can be drawn is that the defendant recklessly shot his rifle and in the process the bullet hit the deceased. He definitely knew that shooting an AK47 can cause grievous bodily harm to anyone the bullet hit.

"The fact that he was on a lawful duty did not mean that he should have shot his gun sporadically," She held.

The court further held that the prosecutors, Lagos State Director of Public Prosecution (DPP) Mrs. Idowu Alakija and Assistant Director Mrs. Abiola Adeyinka, satisfactorily proved the offence of murder but that the evidence provided by the defence team led by George Oguntade (SAN) availed the defendant of the defence of provocation, resulting in the lesser charge of manslaughter.

The judge held, "The defence of provocation will avail the defendant. It is evident that there was no time for his passion to cool before the gun was fired."

Ade, a fashion designer, was shot around 9am on January 9, when the defendant led a patrol  team comprising five junior officers to Yaya-Abatan and Abeokuta Streets around Ogba area of Lagos.

$2.1bn NSA Fund: Dasuki, Yuguda, Bafarawa to be Arraigned Monday

$2.1bn NSA Fund: Dasuki, Yuguda, Bafarawa to be Arraigned Monday

The Federal Government will on Monday arraign the immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd), former Governor of Sokoto State, Attahiru Bafarawa, for Minister of State for Finance, Bashir Yuguda, former Director of Finance in the Office of the NSA, Mr. Shuaibu Salisu and five others for alleged misappropriation of funds meant for arms deal.
THISDAY gathered that the trial of accused persons has been slated to commence on Monday to determine their level of culpability in the $2.1 billion arms deal, said to be disbursed from the Office of the NSA (ONSA).
Further findings made available to some journalists yesterday listed the other five involved in the matter to include a former Executive Director of NNPC, Aminu Baba Kusa, Sagir Attahiru, Dalhatu Investment Limited, Acacia Holdings Limited and Reliance Referral Hospital Limited.
Also listed as expenditures in the alleged $2.1 are: N13.570 billion “agreement” between Dasuki and the ex-Director of Finance; transfer of N1.45billion to Acacia Holdings Limited’s account for special prayers; N2.1billion given to DAAR Investment and Holding Company Limited for publicity; N170million for a four-bedroom duplex; N380million to support re-election of members of the House of Representatives; and N750million paid into Reliance Referral Hospital Limited’s account for special prayers; N670million paid to a publisher; N260million transferred to Tony Anenih and N345million traced to a former President of the Senate, Sen. Iyorchia Ayu.
According to sources from the Economic and Financial Crimes Commission, the Special Assistant on Domestic Affairs to ex-President Goodluck Jonathan, Hon. Waripamowei Dudafa, was said to be on the run.
Meanwhile, all the suspects have been divided into two groups for trial before Justice H.Y. Baba and Justice Peter.O. Affen of the FCT High Courts.
Those in the first group with a 19-count charge are: Dasuki , his erstwhile Director of Finance,Shaibu Salisu, Aminu Baba Kusa, Acacia Holdings Limited and Reliance Referral Hospital Limited, while Yuguda and Bafarawa belong to the second group
Part of the charges read: "That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant , Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $47million and €5.6million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party(PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

Imo, Kogi, Ogun top Federal Civil Service employ – DG BPSR

Imo, Kogi, Ogun top Federal Civil Service employ – DG BPSR

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The Director General, Bureau of Public Service Reforms (BPSR), Dr. Joe Abah, on Friday, disclosed that no fewer than 89, 511 civil servants are in the Federal Government’s employ, across States of the federation.
Abah, in a series of tweets via his Twitter handle, @DrJoeAbah said that as at November 2015, States that topped the chat with most civil servants in the Federal Civil Service are Imo (5825), Kogi (5186), Ogun (4669) Delta (4419) and Akwa-Ibom (4416).
In percentage, Imo State makes up ( 7 %), Kogi (6 %), Ogun (5% ), Delta (5%) and Akwa Ibom (5%).
According to Abah, the Federal Civil Servants by State of Origin read thus:
1. Abia 3579
2. Adamawa 1727
3. Akwa Ibom 4416
4. Anambra 3576
5. Bauchi 1172
6. Bayelsa 957
7. Benue 3951
8. Borno 1822
9. Cross River 2681
10. Delta 4419
11. Ebonyi 865
12. Edo 3890
13. Ekiti 2613
14. Enugu 2695
15. FCT 533
16. Gombe 1218
17. Imo 5825
18. Jigawa 675
19. Kaduna 3199
20. Kano 1545
21. Katsina 1237
22. Kebbi 875
23. Kogi 5186
24. Kwara 2537
25. Lagos 2180
26. Nasarawa 1452
27. Niger 2193
28. Ogun 4669
29. Ondo 3393
30. Osun 3321
31. Oyo 3244
32. Plateau 2542
33. Rivers 1675
34. Sokoto 732
35. Taraba 1112
36. Yobe 744
37. Zamfara 543
Not Specified: 518
“The total nominal roll as at November 2015 is 89,511,” Abah added.

Court to deliver judgement on Ben Bruce dual citizenship and allegiance to US Dec 17

Court to deliver judgement on Ben Bruce dual citizenship and allegiance to US Dec 17

A Federal High Court sitting in Abuja will on December 17, 2015 deliver judgement on whether Senator Ben Murray Bruce, having sworn an oath of allegiance to the United States of America, is qualified to be called, and occupy the office of a Senator of the Federal Republic of Nigeria.

Justice Abdul Kafarati, the trial judge in an originating summons filed by one of the contestants in the Bayelsa East Senatorial District election, Chief Anthony George Ikoli SAN, has been asked to determine whether a man with a dual citizenship, who swore to an oath repudiating his citizenship of the country of birth can aspire to become a Senator of the same country, particularly Nigeria under section 66 of the constitution of the Federal Republic of Nigeria.

This suit is capable of determining the fate of several Nigerians that has voluntarily acquired citizenship of other countries. It particularly took to task sections 28(1) of the constitution which states thus: “Subject to other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth”.

Section 66(1)(a) provides thus: “No person shall be qualified for the election to the Senate or the House of Representatives if, subject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration to such a country”.

Also before the court is the “Naturalization oath of allegiance to the United States of America which states thus: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereign, of whom or which I have heretofore been a subject or citizen; that I will support and defend the constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God”.

Gavel International had exclusively reported in June, 2015 that the dual citizenship of Mr Murray Bruce may become a subject of litigation.

Chief George – Ikoli SAN has approached the Federal High Court to determine the issue of Bruce dual citizenship and the naturalization oath of allegiance he swore to the US. Chief George- Ikoli is the first Senior Advocate of Nigeria from Bayelsa State. He is also the grandson of foremost nationalist, Ernest Ikoli, and the immediate past Attorney General of the state under the governorship of Timipre Sylva.

Bayelsa East Senatorial district comprises of three local governments namely Brass, Nembe, and Ogbia Local governments. Four people contested for the senatorial slot. They are Bruce, George-Ikoli, Madam Irene Digitemi, and Mr Nelson Belief. The leadership of the PDP at the state had allegedly prevailed upon other candidates to step down for Bruce on account of his closeness to President Goodluck Jonathan.

The Originating Summons filed before the Court by Chief George-Ikoli seeks the court to determine the following issues:

Whether having regard to the combined provisions of Sections 66(1)(a) and 28(1) of the constitution of the Federal Republic of Nigeria (as amended), an aspirant for the elective office of the Senator of the Federal Republic of Nigeria, who whilst voluntarily acquiring the citizenship of another country (that is the United States of America) and in the process of which he (the aspirant) declares on oath, the absolute and entire renunciation of citizenship of and allegiance and fidelity to Nigeria can without more be eligible and seek election to the office of Senator of the Federal Republic of Nigeria;

Whether an aspirant to the elective office of the Senator of the Federal Republic of Nigeria, who has declared under oath, that “he will support and defend the constitution of the United States of America, and he absolutely and entirely renounces and abjures all allegiance and fidelity to every prince, potentate, state or sovereignty, (including the Federal Republic of Nigeria) of whom or which he was heretofore a subject or citizen” is eligible by the clear provisions of the constitution of the Federal Republic of Nigeria 1999 (as amended);

Whether a citizen of the United States of America whose citizenship is voluntarily acquired by subscription to the “Naturalization Oath of Allegiance to the United States of America” and which oath absolutely and entirely abjures allegiance to a foreign prince, potentate, state or sovereignty, of whom or which he was heretofore a subject or citizen is eligible by the plurality of the provisions of the constitution of the Federal Republic of Nigeria (as amended) to contest for the elective office of Senator of the Federal Republic of Nigeria;

Whether the third defendant is not wrong to accept the nomination of the first defendant by the second defendant as its nominee for election to the office of Senator representing Bayelsa East Senatorial District at the forth coming 2015 National Assembly elections in view of the renunciation of the citizenship of Nigeria by the first defendant’s subscription to the absolute, unconditional and entire oath of allegiance of the United States of America;

Whether the first defendant having voluntarily subscribed to the absolute oath of allegiance to the United States of America and acquired its citizenship is not hereby ineligible to contest for the office of Senator of the Federal Republic of Nigeria; and

Whether the second defendant is not wrong to present the first defendant as its candidate for the election to the office of Senator representing Bayelsa East Senatorial District

In a 15 paragraph affidavit deposed to by Chief George-Ikoli, he alleged that after the primary elections at which he came second, he undertook an independent investigations of the entire process leading to the primaries and discovered that the first defendant had disclosed in the affidavit he deposed to in INEC form C.F 001 that he had voluntarily acquired the citizenship of the United States of America and owes allegiance to that country.

He stated further: “I was shell shocked to know that the third defendant cleared the first defendant to run for Bayelsa East Senatorial District election when it is apparent on the face of the affidavit that he had voluntarily acquired the citizenship of a country other than Nigeria”. He therefore asked the court to declare that the candidature of the first defendant suffers legal disability, and therefore an order disqualifying him from contesting forth coming Bayelsa East Senatorial District elections. The suit which was filed on March 20, 2015 is yet to be assigned to a judge.

However, in a counter affidavit in opposition to the originating summons, Ben Bruce averred that “I am a citizen of the Federal Republic of Nigeria by birth and still remain one despite being naturalized in the United States of America. He further averred that  “no interest of the plaintiff and any of the defendants have been  endangered by my being declared winner of the election and returned as the senator-elect for Bayelsa East Senatorial District”.

Also, in a preliminary objection filed by Ben Bruce lawyer, Chief Bayo Ojo SAN, the defendants stated that the court lacked jurisdiction to entertain the suit and that the “suit as constituted does not disclose any course of action, nay, reasonable cause of action against the first defendant.

In his address, Chief Ojo argued that the combined reading of both sections 28, and 66 of the constitution is to the effect that a “Nigerian citizen (other than a Nigerian citizen by birth) who acquires or retains citizenship of another country (of which he is not a citizen by birth) is disqualified from contesting for the office of Senator of the Federal Republic of Nigeria. Any other interpretation will defeat the intention of the law makers and will bring about manifest absurdity”

But lawyer to George-Ikoli, Mr Dele Adesina SAN insisted that the plaintiff have raised “very concrete, serious, and fundamental constitutional issues bothering on the interpretation of the provisions of the constitution”.

He said: “The plaintiff has complained that there has been an infraction on the mandatory provisions of Section 66 of the constitution and has sought the intervention of this honourable court to remedy the situation; that the first defendant, a citizen of Nigeria b birth and of US by voluntary acquisition breached the provisions of Section 66 when he participated in the second defendants primaries of December 2014; that the third defendant failed to comply with the provisions of the same section when it approved the qualification of the first defendant; and that if the first defendant has been disqualified by the second and third defendants in accordance with section 66, the plaintiff would have been the rightful candidate of the second defendant in the elections, having come second in the primaries”.